Madras High CourtCRL OP(MD)/16544/2016allowed

Abbaskhan v. The Inspector Of Police

2016-09-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.16544 of 2016 Abbaskhan : Petitioner/Sole Accused -vsState rep. By Inspector of Police, Kanikkarai Police Station, Ramanathapuram District. : 1st Respondent/Complainant Crime No.86 of 2013.

2.Sowkath Ali Khan : 2nd Respondent/De-facto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to C.C.No.5 of 2016 on the file of the learned Judicial Magistrate No.II, Ramanathapuram and quash the same.

For Petitioner : Mr.M.Chinnathambi For 1st Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side) For 2nd Respondent : Mr.R.Murugan

O R D E R

This petition has been filed under Section 482 Cr.P.C., praying to call for the records relating to the case in C.C.No.5 of 2016 on the file of the learned Judicial Magistrate No.II, Ramanathapuram and to quash the same.

2.When the matter is taken up for hearing, both the accused and the de-facto complainant are present with their respective counsel. They have filed a joint Memorandum of compromise stating that the matter has already been compromised between parties and the de-facto complainant has no objection to quash the charge sheet stating that the disputes have been settled between them. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the 2nd respondent/defacto complainant has no objection to quash the charge sheet.

4.Recording the above submission, this petition is allowed and the proceedings in C.C.No.5 of 2016 on the file of the Judicial Magistrate No.II, Ramanathapuram is quashed. The joint compromise memo shall form part of the record.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar er 1.The Judicial Magistrate No.II, Ramanathapuram.

2.The Inspector of Police, Kanikkarai Police Station, Ramanathapuram District.

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

+1cc to Mr.M.Chinnathambi, Advocate Sr.No. 51125 JAM/05/10/16/DB/2p-5c Encl: Xerox Copy of Compromise Memo Crl.O.P.(MD) No.16544 of 2016 08.09.2016 https://hcservices.ecourts.gov.in/hcservices/