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Madras High CourtCRL OP(MD)/928/2014allowed

Sangeetha v. The Inspector Of Police

2015-04-24Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.928 of 2014 and Crl.O.P.(MD)No.23182 of 2014 and M.P(MD)No.1 & 2 of 2014 in Crl.O.P.(MD)No.23182 of 2014 Crl.O.P.(MD)No.928 of 2014 1.Sangeetha 2.Shanmuga Sundaram 3.Soma Sundaram

...Petitioners/Accused No.1 to 3

Vs.

1.State through the Inspector of Police, B-1, Vilakkuthoon Police Station, Madurai Town in Crime No.409/2012 ... Respondent/Complainant 2.Kasthuri ... Respondent/Defacto Complainant PRAYER:

Petition filed under Section 482 of Criminal Procedure Code praying to call for the records from the lower Court to quash all the further proceedings in C.C.No.71/2013 on the file of the Judicial Magistrate No.1, Madurai.

Crl.O.P.(MD)No.23182 of 2014

1. L.Raj Kumar

2. L.Kasthuri ... Petitioners / Accused Nos.1&2 Vs.

1.State rep. by The Inspector of Police, Vilakkuthoon Police Station, Madurai District.

(Crime No.410/2012) ...1st Respondent/ Complainant Corrected as per order of this court dated 29/07/2015 made in Crl.O.P.No.928 and 23182 of 2014 2.N.Shanmuga Sundaram ...2nd Respondent/Defacto Complainant

PRAYER:

Petition filed under Section 482 of Criminal Procedure Code praying to call for the records in C.C.No.72 of 2013 on the file of learned Judicial Magistrate No.1, Madurai and quash the same. For Petitioners : Mr.T.K.Gopalan (in Crl.O.P.(MD)No.928 of 2014) : Mr.K.Suresh (in Crl.O.P.(MD)No.23182 of 2014) For R-1 in both cases : Mr.K.Anbarasan Govt. Advocate(Crl.Side) COMMON ORDER These petitions have been filed under Section 482 Cr.P.C., praying to to call for the records in C.C.Nos.71 and 72 of 2013 on the file of learned Judicial Magistrate No.1, Madurai and quash the same.

2.Heard the learned counsel for the petitioners, the learned Government Advocate (Crl. Side) for the first respondent and the learned counsel appearing for the second respondent. 3.A perusal of the complaint would go to show that both the petitioners have given complaints against each other. Both the cases have been taken on file in C.C.Nos.71 and 72 of 2013 for the major offence punishable under Section 506(ii) I.P.C. 4.When this matter is taken up for hearing, both parties appeared before this Court along with their respective counsel and pursuant to the same, a memorandum of understanding, dated 16.04.2015 has been filed, entered into between the petitioners and the defacto complainant. The same reflects the settlement of dispute between the parties. The said memorandum of understanding shall form part of the records.

5.Accepting the same, this Court allows this petition. Accordingly, the proceedings in C.C.Nos.71 and 72 of 2013 on the file of the learned Judicial Magistrate No.1, Madurai, shall stand quashed inso far as these petitioners are concerned. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Per.Admn) /True copy/ Sub Assistant Registrar

To 1.The Judicial Magistrate No.1,Madurai.

2.-do-thro'The Chief Judicial Magistrate, Madurai 3.The Inspector of Police, B-1, Vilakkuthoon Police Station, Madurai Town.

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

+1cc to MR.T.K.GOPALAN, ADVOCATE SR.NO.22214 +1cc to MR.K.SURESH, ADVOCATE SR.NO.42296 Crl.O.P.(MD)No.928 of 2014 Crl.O.P.(MD)No.23182 of 2014 and M.P(MD)No.1 & 2 of 2014 in Crl.O.P.(MD)No.23182 of 2014 24.04.2015 VS NA/25/05/2015/P2/7C TE:14/08/2015 3P/7C