Madras High CourtCRL OP(MD)/19778/2018allowed

Sivaprakash v. The Inspector Of Police

2018-11-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2018 C O R A M THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.19778 of 2018 Sivaprakash

...Petitioner/Accused No.3

Vs.

1. The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

...1st Respondent/Complainant (Crime No.387 of 2012) 2.Mohanraj ...2nd Respondent/De facto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to quash the S.T.C.No.2375 of 2014 on the file of the Judicial Magistrate No.II, Thanjavur against this petitioner.

For Petitioner : Mr.S.Venkatesan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate, (Crl. Side)

ORDER

This petition has been filed to quash the criminal proceedings in S.T.C.No.2375 of 2014 on the file of the Judicial Magistrate No.II, Thanjavur.

2.Today, when the matter was taken up, the petitioner, the 2nd respondent and the learned counsel appearing for the petitioner are present and they have filed a memo of compromise stating that they have compromised the matter and the de facto complainant do not want to pursue the matter against the petitioner and he has no objection to quash the proceedings against the petitioner. The compromise memo filed by the petitioner and second respondent / de facto complainant is recorded.

3.Considering the fact that they have compromised the matter and recording the compromise memo filed by the parties, this Court is of the view that this is a fit case to quash the proceedings against the petitioner.

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4.Accordingly, this criminal original petition is allowed and the proceedings in S.T.C.No.2375 of 2014 on the file of the Judicial Magistrate No.II, Thanjavur, against the petitioner /A3 is hereby quashed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrars(CS-II) sm To 1.The Judicial Magistrate No.II, Thanjavur.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

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

+1cc to Mr.S.Venkatesan, Advocate in SR No.94406 Crl.O.P(MD)No.19778 of 2018 NM/SV/SAR III/26.11.18/2P/5C.

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