Levin Miranda v. M.Devadoss

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2023

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11088 of 2019 and Crl.M.P(MD).No.6975 of 2019 Levin Miranda ... Petitioner Vs.

M.Devadoss ... Respondent Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in C.C.No.204 of 2019 on the file of the learned Judicial Magistrate Court No.II, Padmanabhapuram, Kanyakumari District and quash the same.

For Petitioner : Mr.C.Jeganathan For Respondent : Mr.G.Thiruvaritselvan

ORDER

This petition has been filed seeking to quash the C.C.No.204 of 2019 on the file of the Judicial Magistrate Court No.II, Padmanabhapuram, 1/4

2. The learned counsel for the petitioner submitted that the petitioner has filed a private complaint against the respondent for the offences under Sections 420 of IPC and the case was registered in C.C.No.204 of 2019 on the file of the learned Judicial Magistrate No.II, Padmanabhapuram, 3.The further contention of the petitioner is that compromised the issue between him and the respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the respondent and also by their respective counsels. 4.The petitioner and the respondent appeared in person along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by this Court and this Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The respondent/defacto complainant received a sum of Rs.9,00,000/-(Rupees Nine Lakhs only) from the petitioner/accused. Hence the Compromise Memo is recorded. 2/4

5. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 30.01.2023, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.204 of 2019 on the file of the Judicial Magistrate Court No.1I, Padmanabhapuram, Kanyakumari District, is hereby quashed in respect of the petitioner/sole accused and the terms of joint compromise memo shall form part of this order. Consequently, the connected miscellaneous petition is closed.

06.02.2023 Internet:Yes Index:Yes/No Speaking order/Non-Speaking order tta To, Judicial Magistrate Court No.1I, Ramanathapuram, 3/4

G.ILANGOVAN,J., tta Crl.O.P.(MD)No. 11088 of 2019 06.02.2023 4/4