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Madras High CourtCRL OP/30132/2018disposed of

K.Vivekanandan v. The State Rep. By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.30132 of 2018 and Crl.O.P.No.29202 of 2019 K.Vivekanandan ...Petitioner in both Crl.O.P's Vs.

1. State Rep. By The Sub Inspector of Police, DCB, Erode District (Crime No.21 of 2018) ... Respondent in both Crl.O.P's

2. Ashok Kumarkalra.U ... Respondent in Crl.O.P.No.29202 of 2019 Prayer in Crl.O.P.No.30132 of 2018: Criminal Original Petition has been filed under Section 438 of Cr.P.C, to grant anticipatory bail to the petitioner in the event of arrest in Crime No.21 of 2018 by the respondent police. Prayer in Crl.O.P.No.29202 of 2019: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the entire records pursuant to the FIR No.21 of 2018 on the file of the respondent police, and quash the

same by allowing this Criminal Original Petition. For Petitioner : Mr. John Sathiya For Respondent : Mr.Gokulakrishnan Additional Public Prosecutor For Intervener : Mr. Shanmugam

O R D E R

The petition in Crl.O.P.No.30132 of 2018 has been filed by the petitioner, seeking anticipatory bail for the alleged offence under Sections 120B, 406, 420 of IPC in Cr.No.21 of 2018 on the file of the respondent police.

2. The petition in Crl.O.P.No.29202 of 2019 has been filed by the petitioner to call for the entire records pursuant to the FIR No.21 of 2018 on the file of the respondent police, and quash the same by allowing this Criminal Original Petition.

3. The learned counsel for the petitioner submits that this Court by its order dated 14.03.2019 directed the parties to appear before the Mediation Centre on 25.03.2019 and also directed the Mediation Centre to resolve the dispute between the parties. Thereafter, on 01.12.2021, both the

parties appeared before this Court and it was represented that the matter was settled in the Mediation. Further, he submits that the petitioner wants to quash the entire proceedings for the reason that the matter was settled between the parties and also admits that already the matter was referred to Lok Adalat.

4. The learned Additional Public Prosecutor has no serious objection in the prayer sought for by the petitioner.

5. Pursuant to the settlement of the issue between both the parties, the petitioner, defacto complainant and others have appeared before this Court. At the time of enquiry, the defacto complainant admits that the remaining balance of Rs.27,00,000/- was settled by the petitioner in the account of the defacto complainant and to prove his identity, Aadhar Card xerox was produced by the petitioner and the same was verified before this Court and final report also been submitted. As per that, the prosecution also dropped and to that effect, final report has also been filed and this Court perused the same.

T.V.THAMILSELVI, J.

anu

6. Considering the fact that the matter has been settled between the parties, nothing further survives for adjudication and, accordingly, the entire proceedings are quashed and the Crl.O.P.No.29202 of 2019 is allowed.

7. In view of the orders passed in Crl.O.P.No.29202 of 2019, nothing survives for adjudication in Crl.O.P.No.30132 of 2018 and accordingly the same is closed.

13.12.2021 anu Index: yes / no Internet : yes / no To

1. State Rep. By The Sub Inspector of Police, DCB, Erode District.

2. The Public Prosecutor, Madras High Court.

Crl.O.P.No.30132 of 2018 and Crl.O.P.No.29202 of 2019