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Madras High CourtCRL OP/25687/2019allowed

Arun v. State Represented By

2019-09-24Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.25687 of 2019 1.Arun 2.Dinesh

...Petitioners/Accused 1 -2

Vs 1.State represented by, The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

Crime No.396 of 2015. ...1st Respondent/ Complainant 2.Balasundaram ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in CC.No.88 of 2017 on the file of the Judicial Magistrate, Thiruthuraipoondi and quash the same.

For Petitioners : Mr.I.Subramanian, Senior Counsel for Mr.R.John Sathyan For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1 Mr.Balasundaram appearing in person for R2

O R D E R

This Criminal Original Petition is filed to call for the records pending on the file of the learned Judicial Magistrate, Thiruthuraipoondi in CC.No. 88 of 2017 and quash the same.

2. It is stated by the learned counsel for the petitioners that pending the criminal complaint against the petitioners

herein, the parties have amicably resolved the disputes among themselves and have also filed a Joint Memo of Compromise to that effect dated 24.09.2019.

3. Both the de-facto complainant and the petitioners are present before this Court today. In order to identify the respective parties, they have also submitted the photo copies of their Aadhar Cards and the same has been made part of the record. The second petitioner has also filed an affidavit stating that his name as per the Aadhar Card is Balachandar S/o.Murthy and that he is also known as Dinesh, which is reflected in the FIR and both the names Dinesh and Balachandar belong to him.

4. Recording the statements made in the Joint Memo of Compromise dated 24.09.2019, the proceedings in CC.No.88 of 2017, pending on the file of the learned Judicial Magistrate, Thiruthuraipoondi, is quashed.

5. The Criminal Original Petition stands allowed accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jas/hvk To 1.The Judicial Magistrate, Thuruthuraipoondi.

2.The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.John sathyan, Advocate Sr.87258 Crl.O.P.No.25687 of 2019 vba[co] srg 06/11/2019