Madras High CourtCRL OP(MD)/17481/2015allowed

B.S. Velayutham v. B.S. Narayanan

2019-12-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.17481 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD). No.17481 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 1.B.S.Velayutham 2.B.S.Gurusamy ... Petitioners Vs B.S.Narayanan ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to quash the S.T.C.No.1174 of 2013, on the file of the Judicial Magistrate No.V, Trichy.

For Petitioners : Mr.V.Illanchezian For Respondent : Mr.B.Jameel Arasu

O R D E R

The petitioners and the respondent are brothers. The respondent filed a private complaint in S.T.C.No.1174 of 2013, on the file of the learned Judicial Magistrate No.V, Trichy. To quash the same, this criminal original petition has been filed. 2.When the matter was taken up for final disposal, learned counsel appearing for the respondent made a statement that the respondent does not propose to pursue the complaint. As the respondent himself is intending to withdraw the complaint, continuance of the impugned prosecution is not really warranted. The impugned proceeding stands quashed in view of the stand taken by the respondent that he wants to withdraw his complaint. 3.The reason for intending to withdraw the complaint was that partition suit has been institued before the learned III Additional District Judge, Trichy and that the said case is about to get disposed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17481 of 2015 4.The criminal original petition is allowed accordingly. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

1.The Judicial Magistrate No.V, Trichy.

2.The III Additional District Judge, Trichy.

+1 CC to M/s.V.ILLANCHEZHIAN, Advocate ( SR-103048[F] dated 02/12/2019 ) +1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-103098[F] dated 03/12/2019 ) Crl.O.P.(MD)No.17481 of 2015 02.12.2019 AP(04/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2