Madras High CourtCRL OP(MD)/15921/2016disposed of

Paulraj Rathinamani v. The Inspector Of Police

2020-05-28Honourable Dr Justice G. Jayachandran2 pages

Crl.O.P.(MD).No.15921 of 2016 1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.05.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.(MD).No.15921 of 2016 and Crl.M.P.(MD).Nos.7652 and 7653 of 2016 1.Paulraj Rathinamani 2.Dharmaraj 3.Kumara Doss ... Petitioners/Accused 2 to 4 Vs.

1.The State represented by, The Inspector of Police, Karungal Police Station, Kanyakumari District.

...1st Respondent/Complainant 2.Ponnappan ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records of the case in C.C.No.248 of 2015, on the file of the learned District Munsif Cum Judicial Magistrate, Eraniel, Kanyakumari District and quash the same.

For Petitioners : No appearance For 1st Respondent : Mr.S.Chandrasekar Additional Public Prosecutor For 2nd Respondent : Mr.M.P.Senthil

O R D E R

This petition is filed under Section 482 of Cr.P.C., to quash the criminal proceedings in C.C.No.248 of 2015, on the file of the learned District Munsif Cum Judicial Magistrate, Eraniel, Kanyakumari District.

2.When the matter is listed today for being heard through video conference, though the learned counsel for the petitioner been informed, he was not present. However, the private respondent represented through his counsel informed this Court that he has entered into compromise with the petitioners and jewels alleged to have been appropriated by the petitioners were returned back and therefore, they are not interesting in prosecuting the case in C.C.No.248 of 2015 any further against these petitioners. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15921 of 2016 3.In the light of the above statements made by the second respondent, who is the de-facto complainant in C.C.No.248 of 2015, the question of quashing the prosecution does not arise. Hence, the parties are directed to appear before the learned District Munsif Cum Judicial Magistrate, Eraniel, Kanyakumari District, on 23.07.2020, the date on which the case is posted for further proceedings, the petitioner shall file appropriate petition for compounding. On filing of such petition, the concerned Judicial Magistrate shall pass order in accordance with law. 4.With the above directions, this criminal original petition filed by the petitioners/Accused No.2 to 4 to quash the criminal proceedings is disposed of. Consequently, the connected criminal miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To:

1.The District Munsif cum Judicial Magistrate, Eraniel, Kanyakumari District.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

Crl.O.P.(MD).No.15921 of 2016 and Crl.M.P.(MD).Nos.7652 and 7653 of 2016 28.05.2020 KK(08.06.2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2