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Madras High CourtCRL MP(MD)/4712/2018closed

Mrs.Shanthi v. Mr.Muthulakshmanan

2018-08-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4712 of 2018 IN CRL OP(MD) No.9915 of 2017 SHANTHI ... INTERVENE PETITIONER/ DEFACTO COMPAINANT Vs 1 MUTHULAKSHMANAN ... 1st RESPONDENT/ACCUSED 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT CR NO. 9 OF 2017 ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the Anticipatory Bail which was granted to the Respondent No.1/Accused in Crl.O.P.NO.9915 of 2017 dated 21/12/2017 by this Honourable Court.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.T.LAJAPATHIROY, Advocate for the petitioner and of MR.ARL.SUNDARESAN, Senior Counsel for M/S.A.L.GANDHIMATHI, Advocate for R1 and MR.A.ROBINSON, Government Advocate (Crl.Side) for R2, the court made the following order:- The petitioner in Crl.O.P(MD).No.9915 of 2017 was granted anticipatory bail by this Court. To cancel the same, Crl.M.P(MD). No.4712 of 2018 came to be filed.

2.The learned counsel appearing on either submitted that the matter was amicably resolved. The learned Senior Counsel appearing for the respondent and the learned counsel appearing for the defacto complainant have filed a joint compromise memo signed by both the parties which indicates that all the outstanding issues have been resolved. The said joint compromise memo is taken on record and it shall be part of this order.

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3.Taking note of the aforesaid facts and circumstances, the learned Judicial Magistrate, Karaikudi is directed to permit the defacto complainant Shanthi to withdraw the sum of Rs.8,00,000/- (Rupees eight lakhs only) deposited by the accused to the credit of crime number is question. Since the parties have resolved their issues, there is no purpose in keeping the First Information Report alive. Therefore, a direction is given to the Inspector of Police, All Women Police Station, Karaikudi to close the Crime No.09 of 2017 and file a closure report before the Jurisdictional Magistrate. D.V.O.P.No.8 of 2018 on the file of the learned Judicial Magistrate, Karaikudi is also quashed. The petitioners in Crl.O.P(MD).No.9915 of 2017 agree to withdraw Crl.O.P(MD).No.5801 of 2018. 4.With these directions and observations, this Criminal Miscellaneous Petition is closed.

sd/- 02/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARAIKUDI 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.AL.GANTHIMATHI, Advocate SR.No.76845

ORDER

IN CRL MP(MD) No.4712 of 2018 IN CRL OP(MD) No.9915 of 2017 Date :02/08/2018 PK/RR/SAR-4/10.08.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/