Madras High CourtCRL OP/23144/2019allowed

M/S.Itek Concrete (P) Limited v. M/S.Sai Agencies Rep By Its

2023-11-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. M/s iTek Concrete (P) Limited represented by its Managing Director Santhosh Muniyandi Munusamy Street, No.109/169, Vanagaram Road, Athipet, Chennai-58.

2. Santhosh Muniyandi

3. Linda Elizabeth Hobday ... Petitioners Vs.

1. M/s Sai Agencies represented by its Proprietor Lakshmi Rajyam Ground Floor, No.10/5, Sivathangal, Kundrathur Main Road, Chennai 69 represented by its General Power of Attorney

2. D.Prabhakaran ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records pertaining to STC No.4 of 2019 pending on the file of District Munsiff cum Judicial Magistrate, Sriperumpudur and quash the same.

For Petitioners : M/s.Selvi George For Respondents : Mr.R.Rajesh Vivekananthan

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC No.4 of 2019 pending on the file of District Munsiff cum Judicial Magistrate, Sriperumpudur.

2. The learned counsel for the petitioners would submit that the matter has been settled between the parties before the Mediation and Conciliation Centre, attached to this Bench.

3. Under such circumstances, no useful purpose will be served in keeping the proceeding pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceeding in STC No.4 of 2019 pending on the file of District Munsiff cum Judicial Magistrate, Sriperumpudur.

4. This Criminal Original Petition stands allowed, by quashing the proceedings in STC No.4 of 2019 pending on the file of District Munsiff cum Judicial Magistrate, Sriperumpudur. The Mediation Report dated 16.06.2023 and the Memorandum of Compromise dated 16.06.2023 shall form part and parcel of this Order.

08.11.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To The District Munsiff cum Judicial Magistrate, Sriperumpudur. 08.11.2023