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Madras High CourtCRL OP(MD)/11740/2025allowed

M.C. Rajamanickam v. The State Of Tamilnadu Rep By The Inspector Of Police, Mudukulathur

2026-03-10Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD).No.11740 of 2025 and Crl.M.P(MD).No.8907 of 2025 M.C.Rajamanickam ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by The Inspector of Police, Mudukulathur, Mudukulathur Police Station, Ramanathapuram District, Crime No.63 of 2013.

2. Mr.C.Velmurugan ... Respondents PRAYER: To call for the records pertaining to the Impugned C.C.No.105 of 2025 on the file of the Judicial Magistrate Court, Mudukulathur, Ramanathapuram Dstrict and quash the same as illegal. For petitioner : Mr.I.Pinaygash For R1 : Mr.B.Thanga Aravindh Government Advocate For R2 : Mr.P.Balamurugan 1/6

ORDER

The present criminal original petition has been filed by the petitioner/sole accused in C.C.No.105 of 2025 on the file of the learned Judicial Magistrate Court, Mudukulathur, Ramanathapuram District seeking to quash the charge sheet, wherein the petitioner has been charged with the offences under Sections 294(b), 406, 417, 420, 468 and 506(ii) of IPC.

2. A perusal of the charge sheet reveals that the accused person is said to have borrowed loan from Sri Ayyappan Auto Finance Company. The d-facto complainant is the agent of the said Finance Company. Without clearing the loan amount, the accused person is said to have sold the vehicle, when it was questioned by the de-facto complainant, it is alleged that the accused person has abused him and threatened him.

3. According to the learned counsel appearing for the petitioner, the entire amount has been settled to the said Finance Company and therefore, the de-facto complainant would not like to prosecute the case further. The 2nd respondent who is the de-facto complainant has filed an affidavit. Paragraph 3, 4 and 5 of the affidavit are extracted as follows:- 2/6

"3. I submit that the Petitioner availed loan amount a sum of Rs. 45,00,000/- with our Sri Ayyappan Auto finance, Karur on 29.10.2007, 04.01.2008 and 21.02.2008 respectively.

4. I submit that subsequently all the three loan accounts were closed through court of law by way of filing compromise memo and lokadalats to our Sri Ayyappan Auto finance company. The details of settlement as follows:- Sl.

No Date of avail loan Loan Amount Settlement through Settlement date 1.

29.10.2007 Rs.15,00,000/- (Fifteen Lakhs Only) The amount was settled after the payment exorbitant interest by filing Civil Suit in O.S.No:36 of 2013 on the file of the District Munsif Court, Ramanathapuram District dated 21.09.2015 and the petitioner received his mortgage document from the defacto complainant 21.09.2015 3/6

2.

04.01.2008 Rs.15,00,000/- (Fifteen Lakhs Only) amount settled after the payment exorbitant interest by filing Appeal Suit in A.S.(MD) No: 68 of 2015 order dated 27.10.2021 by joint compromise memo filed before this Hon'ble and received his mortgage document from defacto complainant.

27.10.2021 3.

21.02.2028 Rs.10,00,000/- (Ten Lakhs Only) The amount was settled after the payment exorbitant interest by filing Cheque case in STC.No:705 of 2012 on the file of the Fast Track Court (JM Level, Karur District.20.01.2017) 20.01.2017

5. I submit that the entire issue is relating to money transaction with the Petitioner/ Accused and our finance company for mortgage loan now has been settled amicably unequivocal terms and indisputable. And all the three loan accounts were closed through court of law by way of filing compromise memo and lokadalats to our Sri Ayyappan Auto finance company. And we don't have any objection to quash the instant case. Since the matter has been settled and amount remitted by the Petitioner through court of law without any dispute." 4/6

4. In view of the above said facts, it is clear that the entire dispute has been resolved between the accused person and the de-facto complainant and the amout has been settled.

5. In such circumstances, no useful purpose would be served in forcing the accused person to undergo the trial.

6. In view of the above said facts, the charge sheet in C.C.No.105 of 2025, on the file of the Judicial Magistrate Court, Mudukulathur, Ramanathapuram District is hereby quashed. Consequently, the criminal original petition stands allowed.

10.03.2026 Index : Yes / No Internet : Yes / No rgm 5/6

R.VIJAYAKUMAR , J.

rgm To:

1. The Inspector of Police, Mudukulathur, Mudukulathur Police Station, Ramanathapuram District, Crime No.63 of 2013.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD).No.11740 of 2025 and Crl.M.P(MD).No.8907 of 2025 10.03.2026 6/6