K.A.Abdul Rahman v. A.Mohamed Ilias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3923 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 1.K.A.Abdul Rahman 2.Mohamed Hanif 3.Beersha @ Beer Mohamed ... Petitioners / Accused Nos.1 to 3 vs.

A.Mohamed Ilias ... Respondent / Complainant PRAYER: Petition is filed under Section 482 Cr.P.C., to call for the records in connection with the C.C.No.86 of 2013, on the file of the Learned Judicial Magistrate, Thanjavur and quash the same. For Petitioners : Mr.M.Suresh For Respondent : Mr.M.E.Elango

O R D E R

Mohamed Ilias has initiated prosecution, by way of a private complaint, in C.C.No.86 of 2013, before the learned Judicial Magistrate, Thiruvaiyaru, against Abdul Rahman (A1), Mohamed Hanif (A2) and Beersha @ Beer Mohamed (A3), for the offences punishable under Sections 406, 420 and 506(I) I.P.C. Seeking to quash the same, the accused have filed the present Criminal Original Petition.

2. By Order, dated 11.10.2018, this Court referred the matter to the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench, where the parties appear to have arrived at a compromise, as could be seen from the Mediation Report, dated 31.10.2018 and the terms of which are as follows: "A) The Petitioners have given Rs.6,00,000/- (Rupees Six Lakhs only) as compensation and the respondent has received the same. The respondent has no any further claims with respect to the suit mentioned properly.

B) The Respondent has no objection to allow the Crl.OP(MD) No.3923/2015 and also quash the C.C.No.86/2013 on the file of the Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

C) The Respondent has also agreed to withdraw the P.O.P.No.71/2014 pending before the Principal District Judge, Thanjavur.

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D) The Respondent shall not seek any cost for the withdrawal of the cases and he shall not have any right in the suit property in future."

3. In view of the above, this Criminal Original Petition is allowed and the proceedings in C.C.No.86 of 2013, on the file of the learned Judicial Magistrate, Thiruvaiyaru, against the petitioners herein, are hereby quashed. Consequently, connected miscellaneous petitions are closed.

sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Judicial Magistrate, Thiruvaiyaru.

2. The Judicial Magistrate, Thanjavur.

+1 CC to Mr.M.SURESH, Advocate ( SR-53177[F] dated 12/03/2019 ) +1 CC to Mr.M.E.ILANGO, Advocate ( SR-53053[F] dated 11/03/2019 ) Crl.O.P.(MD) No.3923 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 11.03.2019 KRK MK SAR-4 (13.03.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/