Madras High CourtCRL RC/968/2021disposed of in memo of compromise

N.Elangovan v. B.Srinivasan

2023-07-17Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP N.Elangovan ... Petitioner/Accused

Versus

B.Srinivasan ... Respondent/Complainant Prayer : Criminal Revision filed under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973, to set aside the judgment of dismissal passed in Crl.A.No.353 of 2019 by an order dated 22.10.2021 on the file of the IV-Additional District and Sessions Judge, Coimbatore District as well as the Judgment of conviction passed in C.C.No.653 of 2014 by an order dated 18.10.2019 on the file of the Fast Track Court No.1 (Magisterial Level) Coimbatore. For Petitioner : Mr. P. Saravanan For Respondent : Mr. V. Raja 1/5

ORDER

The revision petitioner is present and submitted that he is the accused in C.C.No.653 of 2014 before the Fast Track Court No.1, (Magisterial Level), Coimbatore and the appellant in C.A.No.353 of 2019 before the IV-Additional District and Sessions Court in Coimbatore.

2. The respondent/complainant is also present before this Court.

3. As per the request of both parties, this matter was referred to the Mediation Centre to resolve the issue amicably, but, it was failed and the matter was posted before this Court on 13.07.2023.

4. On the above said date, both parties were directed to appear before this Court and the case was posted for arguments on 17.07.2023.

5. Today, when the matter came up for hearing, both parties are present. The learned counsel for the petitioner has produced a Joint 2/5

Compromise Memo, dated 17.07.2023, in and by which, both parties and the counsel on record have signed in the said Joint Compromise Memo, by stating that the respondent/complainant had received the entire amount and are willing to drop the further proceedings. The said memo was taken on record.

6. Both parties have also produced their identity proof, copies of Aadhar Card. The details of the Aadhar Card of the petitioner/accused, is "Elangovan Nataraj, Father Name: Nataraj, Aadhar No.8997 5765 3362" and the details of the Aadhar Card of the respondent/complainant, is "B.Srinivasan, Father Name: Boraigowder, Aadhar No.7735 2085 6673". This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

7. The respondent/complainant has no objection in respect of the amount deposited before the Fast Track Court No.I, (Magisterial Level), Coimbatore in C.C.No.653 of 2014 to be withdrawn by the appellant/accused. Therefore, the Learned Judicial Magistrate, Fast Track 3/5

Court No.I, (Magisterial Level), Coimbatore is directed to permit the appellant/accused to withdraw the amount already deposited, if any.

8. Accordingly, this Criminal Revision is disposed of. The terms of the Joint Memo of Compromise, dated 17.07.2023 shall form part and parcel of this order.

17.07.2023 Index: Yes/No Speaking Order/Non Speaking Order klt To 1.The IV-Additional District and Sessions Court, Coimbatore District.

2.The Fast Track Court No.1 (Magisterial Level) Coimbatore. 4/5

SATHI KUMAR SUKUMARA KURUP, J., klt 17.07.2023 5/5