Sundar Alias Sundararajan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19019 of 2016 Sundar @ Sundararajan .. Petitioner/Accused No.4 -Vs1.State represented by The Inspector of Police, Central Crime Branch, Madurai City.

(Crime No.42 of 2013) ... Respondent/Complainant 2.Vimala Dasan ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.58 of 2016, on the file of the learned Judicial Magistrate No.I, Madurai and quash the same.

For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.K.Ilayaraja for R.2

O R D E R

This petition has been filed to call for the records in C.C.No.58 of 2016, on the file of the learned Judicial Magistrate No.I, Madurai and quash the same.

2. Heard the learned Counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Cr.No.42 of 2013 for offences under Sections 406, 420, 120-B, 448, 294(b) and 506(ii) I.P.C., on the file of the first respondent. The case is now pending before the Judicial Magistrate No.I, Madurai in C.C.No.58 of 2016. The said proceedings are challenged before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. When the matter was called on 03.10.2016 both the petitioner as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo dated 29.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that the defacto complainant is ready to donate Rs.10,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.10,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been filed. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned proceedings in C.C.No.58 of 2016, on the file of the Judicial Magistrate No.I, Madurai is hereby quashed and the Criminal Original Petition is allowed. Sd/ Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To:

1. The Judicial Magistrate No.I, Madurai

2. The Inspector of Police, Central Crime Branch, Madurai City.

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

Copy to:

The Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12,Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20. +1cc to M/S.D.Rameshkumar, Advocate in SR.No.60228 Crl.O.P.(MD) No.19019 of 2016 07.10.2016 ssl PA/GSV-PM/SAR II/17.10.2016/2P/6C Encl: Copy of Memo of Joint Compromise https://hcservices.ecourts.gov.in/hcservices/