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Madras High CourtCRL OP(MD)/8009/2015allowed

M.Muniyasamy v. The Inspector Of Police

2015-04-27Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.OP.(MD)No.8009 of 2015 M.Muniyasamy

...Petitioner/sole accused

Vs.

1.State Rep. through The Inspector of Police, Koodalpudhur Police Station, Madurai District, in Cr.no.303 of 2014.

2.Saravanakumar

...Respondents

Prayer: Petition filed under Section 482 of Criminal Procedure Code praying to call for the records pertaining to the proceedings in Cr.No.303 of 2014 on the file of the Koodalpudur Police Station, Madurai District and quash the same.

For Petitioner ...Mr.D.S.Haroon Rasheed For R-1 ...Mr.K.Anbarasan, Govt. Advocate(Crl. Side) For R-2 ...Mr.V.Selva

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Cr.No.303 of 2014 on the file of the Koodalpudur Police Station, Madurai District.

2. The petitioner has been arrayed as accused in Crime No.303 of 2014 on the file of the first respondent police for the alleged commission of offences under Sections 406 and 420 of I.P.C.

3. When the matter is taken up for hearing, the parties namely, the petitioner 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, which contains the signature of the petitioner and the second respondent. The same was attested by the learned counsel on both sides.

4.Both the counsel on record submitted that the matter need not be proceeded further. The compromise memo also proceeds to state that the entire amount due to the second respondent has been paid as stated in paragraph No.5 of the compromise memo.

5. Heard both sides and also perused the compromise memo. The appearance of the parties is recorded.

6.Considering the submissions made and after going through the relevant documents and after looking at the nature of offences alleged against the petitioner, this Court is inclined to quash the proceedings pending against the petitioner.

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7.Accordingly, this Criminal Original Petition is allowed and the proceedings in Cr.No.303 of 2014 on the file of the first respondent, is quashed. The compromise memo shall form part of record. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar Encl: Joint Compromise Memo To 1.The Inspector of Police, Koodalpudhur Police Station, Madurai District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+3CC to M/s.D.S.Haroon Rasheed, Advocate in SR.22272 CRL.OP.(MD)No.8009 of 2015 27.04.2015 pm PBK/KBM 20/05/2015 ::2P-6C:

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