Madras High CourtCRL OP(MD)/5894/2019disposed of

Yesudasan v. The Inspector Of Police

2022-03-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5894 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5894 of 2019 and Crl.M.P(MD) Nos.3801 & 3802 of 2019

1. Yesudasan

2. Alloysious Selvaraj ... Petitioners /Accused Nos. 2 & 3 Vs.

1. The State represented by The Inspector of Police, District Crime Branch, Nagercoil, Kanniyakumari District.

in Crime No. 5 of 2017 ... 1st Respondent / Complainant 2.Charles ... 2nd Respondent / Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in C.C.No.120 of 2018 on the file of the learned Judicial Magistrate No.I, Nagercoil and quash the same as petitioners/accused Nos.2 & 3.

For Petitioners : Mr.M.Suri For R1 : Mr.P.Kottai Chamy Government Advocate(Crl.Side) For R2 : Mr.K.Sami Durai

ORDER

This Criminal Original Petition is filed seeking quashment of the case in C.C.No.120 of 2018 on the file of the learned Judicial Magistrate No.I, Nagercoil.

2. The matter is listed today under the caption for "Reporting Compromise".

3. When the matter is taken up for hearing, the learned counsel for the second respondent would submit that a suit in O.S.No.548 of 1995 was filed before the District Munsif Court, Eraniel and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5894 of 2019 same was dismissed. Aggrieved by the same, Appeal Suit was filed before the Sub Court, Eraniel in A.S.No.35 of 2019, which was also dismissed by confirming the judgment of the trial Court. He would further submit that the parties appeared before the learned Judicial Magistrate No.1, Nagercoil and filed a Compromise Agreement stating that the compromise reached between the parties.

4. Considering the fact that the parties appeared before the concerned Court and filed a Compromise Agreement, the parties shall work out their remedy through appropriate proceedings. Therefore, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Judicial Magistrate No.I, Nagercoil.

2. The Inspector of Police, District Crime Branch, Nagercoil, Kanniyakumari District.

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

+1 CC to M/s.M.SURI, Advocate ( SR-14614[F] dated 25/03/2022 ) +1 CC to M/s.K.SAMIDURAI, Advocate ( SR-14662[F] dated 25/03/2022 ) Crl.O.P.(MD)No.5894 of 2019 and Crl.M.P(MD) Nos.3801 & 3802 of 2019 25.03.2022 MGJ(18.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2