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Madras High CourtCRL RC/2140/2023allowed

B.Rajesh v. State Represented By

2025-07-09Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.19434 of 2023 B.Rajesh ... Petitioner Vs.

1.State Represented by Sub-Inspector of Police, R-11, Royala Nagar Police Station, Chennai.

(Cr.No.645/2021) 2.Kannan [R2 suo-motu impleaded as per order dt. 18.12.2023 made in Crl.R.C.No.2140 of 2023] ... Respondents Prayer : Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., pleased to set aside the order passed in C.M.P.No.6950 of 2023 in C.C.No.200 of 2022 on the file of Judicial Magistrate - 1 Court, Poonamallee, Thiruvallur District dated 22.11.2023. For Petitioner : Mr.B.Kannan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) [R1] Mr.M.Deivanandam [R2] ***** Page No.1 of 6

ORDER

This Criminal Revision Case has been preferred against the order dated 22.11.2023 passed in C.M.P.No.6950 of 2023 in C.C.No.200 of 2022 by the Judicial Magistrate No.I, Poonamallee, thereby dismissed the discharge petition filed by the petitioner.

2. The case of the petitioner is that he was charged for the offences punishable u/s 406, 420 and 506(i) IPC and is facing trial in C.C.No.200 of 2022 on the file of the learned Judicial Magistrate No.I, Poonamallee. In the said CC, he had filed a discharge petition in C.M.P.No.6950 of 2023 in C.C.No.200 of 2022 and the same was dismissed vide order dated 22.11.2023. Aggrieved by the same, the present revision has been filed.

3. It is seen from the records that vide order dated 27.03.2024, the learned counsel for the petitioner as well as the 2nd respondent agreed to resolve the issue on payment of Rs.7,50,000/- as one time settlement by the petitioner to the 2nd respondent and to pay the same in three instalments. Accordingly, this Court had directed the petitioner to pay the agreed amount to the 2nd respondent on or before 01.10.2024. It is also Page No.2 of 6

seen that the 2nd respondent has no objection to allow the revision and the petitioner can be discharged from the case, if the petitioner pays the agreed amount.

4. When the matter was taken up for hearing today, the petitioner and the 2nd respondent along with their learned counsel appeared before this Court and submitted that as per the order passed by this Court, the petitioner had paid the amount agreed between the parties to the tune of Rs.7,50,000/- by way of three instalments to the 2nd respondent, which was duly received by the 2nd respondent also. Therefore, the 2nd respondent submitted that he has no objection to allow this revision and the petitioner can be discharged from the case.

5. To that extent, a compliance memo dated 09.07.2025 has been filed before this Court, which has been signed by the petitioner and the 2nd respondent.

6. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The parties have reiterated that the petitioner had paid the agreed amount to Page No.3 of 6

the 2nd respondent, which was duly received by the 2nd respondent and the 2nd respondent has no objection for discharging the petitioner from the case.

7. In view of the settlement arrived between the parties, the order dated 22.11.2023 passed by the learned Judicial Magistrate No.1, Poonamallee in C.M.P.No.6950 of 2023 in C.C.No.200 of 2022 is set aside and the revision petitioner/accused is discharge from all the charges in C.C.No.200 of 2022.

8. Accordingly, the Criminal Revision Case is allowed in terms of the compliance memo dated 09.07.2025 and the same shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

09.07.2025 Index : Yes / No Speaking order / Non-speaking order NCC : Yes / No sp Page No.4 of 6

To 1.The Judicial Magistrate No.1, Poonamallee.

2.The Sub-Inspector of Police, R-11, Royala Nagar Police Station, Chennai.

Page No.5 of 6

G.K.ILANTHIRAIYAN, J.

sp 09.07.2025 Page No.6 of 6