Nagamony v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.12208 of 2014 and M.P.(MD) No.1 of 2014 1.Nagamony 2.Kamala Bai 3.Murugathal 4.Gnanaprakash 5.Rajendran 6.Ganesan ..Petitioners/A4,6,7,8, 13&14 Vs.

1.State rep. by The Inspector of Police, Anti Land Grabbing Wing, Dindigul crime No.53 of 2011 2.Govindaraj ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned proceedings in C.C.No.381 of 2013 from the file of the Judicial Magistrate Court No.II, Dindigul and to quash the same insofar as the petitioners are concerned. For Petitioner : Mr.M.R.Sreenivasan For Respondents: Mr.K.Dinesh Babu, APP for R1

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C.No.381 of 2013 from the file of the Judicial Magistrate Court No.II, Dindigul as against the petitioners. 2.The learned counsel appearing for the petitioners would submit that there is a civil suit pending between the parties in O.S.No.586 of 2011 on the file of the Additional District Munsif, Dindigul. In the said suit, the entire matter has been settled between the parties before the Lok Adalat by settlement dated 12.09.2015, in which, clause No.4, the parties have agreed to withdraw the case in C.C.No.381 of 2013 on the file of the learned Judicial Magistrate No.2, Dindigul viz., the present criminal proceedings.

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3.The learned Additional Public Prosecutor appearing for the State would represent that the criminal proceedings in respect of A12 in the present case has been quashed by this Court by way of compromise, by order dated 09.08.2018 in Crl.O.P.(MD) No.9841 of 2018.

4.Considering the facts and circumstances of the case and considering the fact that already the matter has been settled between the parties, this criminal original petition is allowed and the criminal proceedings in C.C.No.381 of 2013 on the file of the Judicial Magistrate No.2, Dindigul is quashed as against the petitioners. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Judicial Magistrate No.2, Dindigul.

2.The Inspector of Police, Anti Land Grabbing Wing, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.M.R.SREENIVASAN, ADVOCATE IN SR NO.86534 Arul BU/SKN/SAR-I :30.10.2018 : 2P/5C Crl.O.P.(MD).No.12208 of 2014 and M.P.(MD) No.1 of 2014 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/