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Madras High CourtCRL OP/29413/2022disposed of

M.Thangavel v. The Inspector Of Police

2023-11-20Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.M.Thangavel 2.S.Thangavel 3.Velmani ... Petitioners Vs.

1.The State represented by The Inspector of Police, Central Crime Branch, Tiruppur.

Crime No.21/2012 2.K.Mahalingam ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to the impugned FIR in Crime No.21 of 2012 on the file of the 1st respondent police, quash the same and proper in the circumstances of the case. For Petitioners : Mr.R.Kannan For R1 : Mr.S.Udaya Kumar Government Advocate (Crl.Side) For R2 : No appearance 1/4

O R D E R

A case under Sections 406, 420, 506(ii), 120 B and Section 4 Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, been registered by the respondent police in Crime No.21 of 2012 2.

The prosecution have not completed the investigation till date. The present Criminal Original Petition is filed to quash the complaint on the ground that the Memorandum of Understanding dated 27.09.2022 been entered between the defacto complainant and the petitioners herein. Therefore, same is to be quashed.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the parties have sent the Memorandum of Understanding through post and if they appeared before the Investigating Officer and report the settlement between them, necessary action will be taken.

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4.

In view of the above fact, this Criminal Original Petition is disposed of directing the petitioner and the defacto complainant in Crime No.21 of 2012 to appear before the Investigating Officer, record the compromise and seek withdrawal of further proceedings. If the complaint is withdrawn and closed, the same may be intimated to the concerned Judicial Magistrate forthwith.

20.11.2023 rpl To 1.The Inspector of Police, Central Crime Branch, Tiruppur.

2.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN, J.

rpl 20.11.2023 4/4