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Madras High CourtCRL OP/30156/2022allowed

Uday Metha v. State Rep By

2022-12-09Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G. CHANDRASEKHARAN Uday Metha

...Petitioner

Vs.

1.State Rep by, The Inspector of Police, CCB, 18th A Team, Egmore, Chennai.

2.Prakash Moolchandani ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.85 of 2022 on the file of the Special Court for Land Grabbing II Metropolitan Magistrate, Allikulam Chennai ( in Cr.No.356 of 2011 on the file of the 1st respondent) and quash the same. For Petitioner : Mr.K.P.Anantha Krishna For Respondents : Mr.S.Santhosh, Government Advocate (crl.side) for R1 : Mr.A.K.Pavitra for R2.

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.85 of 2022 on the file of the Special Court for Land Grabbing II 1/4

Metropolitan Magistrate, Allikulam Chennai ( in Cr.No.356 of 2011 on the file of the 1st respondent) and quash the same.

2. This case is registered on the complaint given by the second respondent against the petitioner for the offences punishable under Sections 420, 465, 468 of IPC. The allegations are that the petitioner after receiving cash of Rs.7 Lakhs for the sale of 4720 sq.ft., sold only a part of the land to the de facto complainant/second respondent herein. Hence the complaint.

3. Now both the petitioner and the complainant/second respondent are present before this Court. Both the plaintiff and the second respondent filed affidavits stating that they entered into a joint settlement memo dated 17.10.2022, whereby they resolved their dispute between themselves. The second respondent has no objection for quashing the proceedings.

4. In view of the settlement reached by the parties and the fact that the second respondent was adequately compensated. This court, permits the parties to compromise the dispute between them and allow this petition.

5. Accordingly, this criminal original petition is allowed and the Proceedings against the petitioner is in C.C.No.85 of 2022 is quashed. 09.12.2022 Index:Yes/No Speaking/Non speaking order nst 2/4

To 1.The Inspector of Police, CCB, 18th A Team, Egmore, Chennai.

2. The Public Prosecutor, High Court of Madras.

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G. CHANDRASEKHARAN, J.

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