Madras High CourtCRL OP/7750/2022dismissed

Kevin v. State Rep.By Its

2024-02-06Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No.4486 of 2022 Kevin ... Petitioner Vs.

1.State rep. By The Inspector of Police CCB, EDF II, Team-IXA, Vepery, Chennai.

Crime No.363 of 2016 2.Newman ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.6202 of 2018 on the file of the Chief Judicial Magistrate, CCB- CBCID Metropolitan Magistrate, Egmore, Chennai-8 and quash the same.

For Petitioner : Mr.P.Saranath For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this petition to quash the C.C.No.6202 of 2018 on the file of the Chief Judicial Magistrate, CCB- CBCID Metropolitan Magistrate, Egmore, Chennai-8.

2. The learned counsel for the defacto complainant / R2 submitted that as per the terms of Compromise memo and as well as the undertaking affidavit given before the Hon'ble Supreme Court in Special Leave Petition (Criminal)No.7660 - 7661 of 2023, due to Civil proceedings, the petitioner has not complied the terms as agreed.

3. By way of reply, the learned counsel for the petitioner submitted that the petitioner had entered into compromise to hand over 20 % of the total compromise amount i.e., Rs.22,00,000/- (Rupees twenty two lakhs only) on or before 30.08.2023 to the defacto complainant. To that effect undertaking affidavit also submitted before the Hon'ble Supreme Court of India.

4. On a perusal of the records, it reveals that, the petitioner is not inclined to comply the terms as per compromise. Therefore, this Court is not inclined to quash the proceedings in C.C.No.6202 of 2018 on the file of the Chief Judicial Magistrate, CCB- CBCID Metropolitan Magistrate, Egmore, Chennai-8.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. 06.02.2024 Index: Yes/ No rri To 1.The Inspector of Police CCB, EDF II, Team-IXA, Vepery, Chennai.

Crime No.363 of 2016 2.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI, J.

rri and Crl.M.P.No.4486 of 2022 06.02.2024