K. Rajendran, v. The State Rep. By The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9424 of 2016 K. Rajendran K. Vijayakumar D. Munusamy Vijaya Sudha Pachaiyammal Petitioners Vs.
The State represented by the Inspector of Police District Crime Branch (Land Grabbing) District Superintendent Police Office Building Kanchipuram District Kanchipuram V. Narasimma Naidu Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the proceedings in C.C. No.326 of 2015 on the file of the District Munsif cum Judicial Magistrate of Sriperumpudur and quash the same. For petitioners Mr. S. Ramajayam For R1 Mr. C. Emalias Addl. Public Prosecutor For R2 Mr. K. Suthan
O R D E R
This petition has been filed to call for the records pertaining to the proceedings in C.C. No.326 of 2015 on the file of the District Munsif cum Judicial Magistrate of Sriperumpudur for offences under Section 120(B), 420, 423, 465, 468 and 471 IPC and quash the same.
The petitioners/accused, the first respondent police, viz., Mr. Sakthivel, I.P.S. and the second respondent/de facto complainant are present and the second respondent/de facto complainant is identified by the first respondent police.
The petitioners/accused and the second respondent/de facto complainant have arrived at a compromise and the compromise affidavit reads as under:
"2.
I humbly submit that I am the de facto complainant of C.C. No.236/2015 in Crime No.163/2011 on the file of the 1st respondent police. The fact is the petitioners fathers executed the sale deed dated 24.08.1983 by document no.7488/1983 in favour of me, after that the petitioners were jointly executed the family released deed dated 27.07.2011 by document no.8127/2011. Therefore I have lodged the complaint against these petitioners therefore the above case was filed. In factual situation the petitioners filed various case against me in O.S. No.152/2012 before the District Munsif Court at Sriperumpudur and they filed various cases against me in W.P. No.12899 of 2013, W.P. No.14360/2013 and I filed various cases against them in O.S. No.287/2012 before the District Munsif Court at Sriperumpudur and W.P. No.535/2016, W.P. No.
1640/2012 before the Hon'ble High Court of Madras. Now I and along with this petitioners were jopintly compromised the issue and I will make settlement amount to the petitioners as sum of Rs.25,00,000/-. The first part amount of Rs.10 lakhs I have already paid to the petitioners, the remaining part amount of Rs.15 lakhs I will pay at the time of withdrawing the suit and all cases. I further humbly submit that I and along with all petitioners were amicable settlement out of Court.
I and along with the all petitioners therefore prayed for this Hon'ble High Court to may be pleased to quash the case of C.C. No.326/2016 on the file the District Munsif cum Judicial Magistrate at Sriperumpudur and thus render justice."
In view of the above, this petition is allowed and the prosecution in C.C. No.326 of 2015 on the file of the District Munsif cum Judicial Magistrate of Sriperumpudur, is hereby quashed.
cad Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To The Inspector of Police District Crime Branch (Land Grabbing) District Superintendent Police Office Building Kanchipuram District, Kanchipuram The Public Prosecutor High Court, Madras.
+ 1 CC TO MR.S.RAMAJAYAM, ADVOCATE SR 30794 + 1 CC TO MR.K.SUTHAN, ADVOCATE SR 31019 KR/24/6/16 Crl.O.P.No.9424 of 2016