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Madras High CourtCRL OP/11854/2017allowed

M.Ramalakshmi, Aged 42 Years, v. A.Maharajan,

2019-07-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.11854 of 2017 and Crl.M.P Nos.7772 and 7773 of 2017 M.Ramalakshmi

...Petitioner

Vs.

A.Maharajan

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to C.C No.2899 of 2016 on the file of the XV Metropolitan Magistrate Court, George Town at Chennai and quash the same.

For Petitioner : Mr. Ralph V. Manohar For Respondent : M/s.NA.Thara

ORDER

This petition has been filed seeking to quash the proceedings in C.C No.2899 of 2016 pendiong on the file of the XV Metropolitan Magistrate, George Town, Chennai.

2. It is seen from the records that the parties have entered into a compromise before the Sub Court, Ponneri in A.S No.26 of 2015 and a joint memo of compromise was also filed by the parties before the said Court.

3. It will be relevant to extract para 2 of the joint compromise memo hereunder.

2.It is further agreed by the party of the first part that he shall unconditionally withdraw the cases in O.P No.323 of 2012, pending on the file of the Sub-Court, Tuticorin and the criminal Complaint in C.C No.2899 of 2016, pending on the file of XV Metropolitan Magistrate Court at George Town, within a week from the date of signing of this Compromise".

https://hcservices.ecourts.gov.in/hcservices/

3. Based on the compromise, a decree was also passed and the same became a subject matter of challenge before this Court in C.R.P (NPD) No.4060 of 2018. This Court, by an order dated 11.03.2019 dismissed the CRP and thereby the compromise decree was confirmed and it has become final between the parties.

4. In view of the above, no useful purpose will be served in keeping the proceedings pending and consequently, the proceedings in C.C No.2899 of 2016 pending on the file of the XV Metropolitan Magistrate Court, George Town, Chennai is hereby quashed and accordingly, this Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar uma To The XV Metropolitan Magistrate Court, George Town, Chennai.

+1 cc to M/s.Na.Thara, Advocate, S.R.No.57280 CRL.O.P No.11854 of 2017 and Crl.M.P Nos.7772 and 7773 of 2017 CP(CO) SSM(30/07/2019) https://hcservices.ecourts.gov.in/hcservices/