Madras High CourtCRL OP(MD)/14996/2015disposed of

Kanchana v. The State Rep By Inspector Of

2015-07-31Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.OP.(MD)Nos.14996 and 14997 of 2015 Crl.O.P(MD)No.14996 of 2015:

1.Kanchana 2.Vendamani 3.S.Anandhi 4.Meenatchi .. Petitioners/Accused Nos.1 to 3 and 5 Vs.

1. The State represented by The Inspector of Police, (Crime No.194 of 2015) ... 1st Respondent/Complainant 2.K.Muthuvalli .. 2nd Respondent/Defacto Complainant Prayer:

Petition filed under Section 482 of Criminal Procedure Code praying to call for the records in Crime No.194 of 2015 on the file of the Inspector of Police, Samayanallur Police Station, Madurai and quash the same insofar as the petitioners are concerned. Crl.O.P(MD)No.14997 of 2015:

1.S.Anandhi 2.Kanchana 3.Sivagami 4.Mookammal 5.Meenatchi 6.Vendamani 7.Kala 8.Karpagam 9.Dhanam 10.K.Chandran @ Chandrasekaran 11.Sudha 12.Mathi @ Muthuveerappan 13.Kalidas 14.Selvi ...Petitioners/Accused Nos.1,2,3,4,6 to 14 and 20

Vs.

1. The State represented by The Inspector of Police, (Crime No.4 of 2015) ... 1st Respondent/Complainant

2. K.Muthuvalli ... 2nd Respondent/Defacto Complainant Prayer:

Petition filed under Section 482 of Criminal Procedure Code praying to call for the records in Crime No.4 of 2015 on the file of the Inspector of Police, Samayanallur Police Station, Madurai and quash the same insofar as the petitioners are concerned. For Petitioners : Mr.Jagadesh Pandian of M/S.K.J.Associates (In both Crl.O.Ps) For R-1 : Mrs.S.Prabha, Government Advocate(Crl. Side) (In both Crl.O.Ps) COMMON ORDER These Criminal Original Petitions have been filed to quash the F.I.R in Crime Nos.4 and 194 of 2015 pending on the file of the first respondent.

2. The petitioners in Crl.O.P(MD)No.14996 of 2015 have been arrayed as accused for the alleged offence under Section 4 of Tamil Nadu Prohibition Charging Exorbitant Interest Act 2003 r/w Section 511 and 506(i) of I.P.C in Crime No.194 of 2015 on the file of the first respondent and the petitioners in Crl.O.P(MD)No.14997 of 2015 have been arrayed as accused for the alleged offence under Section 3 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003. The allegation against the petitioners is that they have been demanding exorbitant interest.

3. When the matter is taken up for hearing, the parties namely, the petitioners and the defacto complainant are present before this Court. Both parties submitted that the matter has been settled. A Joint compromise memo has been filed in both the petitions, containing the signature of the petitioners and the second respondent. The same was attested by the learned counsel on both sides.

4.Heard both sides and also perused the compromise memo filed in both the petitions. The appearance of the parties is recorded. 5.Considering the submissions made and after going through the relevant documents and after looking at the nature of offences alleged against the petitioners, this Court is inclined to quash the proceedings pending against the petitioners.

6.Accordingly, this Criminal Original Petitions are allowed and the F.I.R in Crime Nos.4 and 194 of 2015 pending on the file of the first respondent, are quashed insofar as the petitioners are concerned. The compromise memo filed in both the Criminal Original Petitions shall form part of the record.

Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police,

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

+ 1 CC TO M/S.K.J.ASSOCIATES, ADVOCATE SR NO. 43236 PM TE:18/08/2015 : 3P/4C CRL.OP.(MD)Nos.14996 and 14997 of 2015 31.07.2015