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Madras High CourtCRL OP/23541/2017allowed

D.Rameshkumar, v. State Rep. By,

2017-11-06Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH CRL.O.P.No.23541 of 2017 D. Rameshkumar ..Petitioner Vs 1.State rep. by The Inspector of Police, Vandavasi North Police Station, Vandavasi, Tiruvannamalai District.

(Cr.No.359/2009) 2.B. Thirumal ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue direction to call for records in Cr.No.359/2009 in PRC.No.29 of 2017 pending on the file of District Munsif cum Judicial Magistrate Court, Vandavasi and quash the same.

For Petitioners : Mr.T.V.G.Kartheeban For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1 : Mr.D.Vasanthakumar for R2 - - - -

O R D E R

The prayer sought for in the present petition is to call for records in Cr.No.359/2009 in PRC.No.29 of 2017 pending on the file of District Munsif cum Judicial Magistrate Court, Vandavasi and quash the same.

2. Pending Criminal Original Petition, the defacto complainant and the petitioner, have amicably resolved the dispute between themselves and accordingly, they have entered into a compromise and filed a Joint Compromise Affidavit dated 06.11.2017. As per the Joint Compromise Affidavit, the defacto complainant will withdraw the prosecution against the petitioner and other accused in PRC.No.29 of 2017 in Cr.No.359 of 2009 under Sections 341, 294(b), 323, 307 r/w. 34 of IPC pending on the file of Principal District Munsif cum Judicial Magistrate Court at Vandavasi.

3. In order to identify himself, the second respondent/defacto complainant submitted the photo copies of his Aadhar Card and Ration Card bearing Nos.625104175936 and 06/G/0059475 respectively and after verification of the original cards, the same are recorded.

4. The Joint Compromise Affidavit dated 06.11.2017 is filed to the effect that the defacto complainant has no objection, if the present Criminal Original Petition is allowed.

5. Recording the same, the proceedings in PRC.No.29 of 2017 on the file of District Munsif cum Judicial Magistrate Court, Vandavasi, is quashed. The Criminal Original Petition is allowed.

6. The Joint Compromise Affidavit dated 06.11.2017 between the

petitioner and the second respondent/defacto complainant shall form part of the order.

06.11.2017 Index:Yes gv/cgi To 1.The Inspector of Police, Vandavasi North Police Station, Vandavasi, Tiruvannamalai District.

2.The District Munsif cum Judicial Magistrate Court, Vandavasi.

2.The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, gv/cgi CRL.O.P.No.23541 of 2017 06.11.2017