Muthananth v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21919 of 2016 Muthananth .. Petitioner/Accused -Vs1.State through Sub-Inspector of Police, (L & O), E3 Anna Nagar Police Station, Madurai.

(Crime No.1377 of 2015) .... 1st Respondent/Complainant 2.Sitharthan ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to C.C.No.32 of 2016 on the file of the Judicial Magistrate Court No.VI, Madurai and quash the same. For Petitioner : Mr.S.Jeyasingh For 1st Respondent: Mr.K.Anbarasan Govt. Advocate (Crl.Side) For 2nd Respondent: Mr.G.Kannan

O R D E R

This petition has been filed to call for the records in C.C.No.32 of 2016 on the file of the Judicial Magistrate Court No.VI, Madurai and to 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 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.1377 of 2015 for offences under Sections 448, 507 and 352 I.P.C. on the file of the first respondent. After investigation charge sheet has been filed, which has been taken on file in C.C.No.32 of 2016 by the Judicial Magistrate Court No.VI, Madurai. The said case is challenged before this Court.

4. When the matter was called on 21.11.2016 both the petitioner as well as the second respondent were 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 duly signed by both parties and counter signed by their respective Counsel. The learned counsel for second respondent also has no objection to quash the proceedings in C.C.No.32 of 2016 on the file of the Judicial Magistrate Court No.VI, Madurai, They have also further submitted that the petitioner was willing to donate Rs.25,000/- to the Government Girls Higher Secondary School, Ulaganeri.

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5. In view of the above, this Court permitted the petitioner to pay Rs.25,000/- to the Government Girls Higher Secondary School, Ulaganeri 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.32 of 2016 on the file of the Judicial Magistrate Court No.VI, Madurai is hereby quashed and the Criminal Original Petition is allowed. The compromise memo shall form part of the order. Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Judicial Magistrate No.VI, Madurai.

2.The Sub-Inspector of Police, (L & O), E3 Anna Nagar Police Station, Madurai.

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

+2ccs to Mr.S.Jeyasingh, Advocate, SR.No.71709 +One cc to Mr.G.Karnan, Advocate, SR.No.71708 sk RL/7C/2P/SKS/RR/14.12.2016 Crl.O.P.(MD) No.21919 of 2016 23.11.2016 https://hcservices.ecourts.gov.in/hcservices/