Rengarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and Crl.M.P(MD)Nos.10835 & 10837 of 2019 Rengarajan

...Petitioner / Accused No.6

Vs.

1.The State of Tamil Nadu, Represented by the Inspector of Police, Karivalamvanthanalloor Police Station, Tirunelveli District.

Crime No.101 of 2017 ...1st Respondent / Complainant 2.Meenamathi Karthika, Assistant Engineer TNEB, Kalingapatti, Tirunelveli District.

...2nd Respondent/De-facto Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with the charge sheet in C.C.No.125 of 2017, on the file of the Judicial Magistrate, Sankarankovil and quash the same as illegal and devoid of merits as against the petitioner / Accused No.6. For Petitioner : Mr.S.Ramakrishnan For R-1 : Mr.S.Chandrasekar Additional Public Prosecutor For R-2 : Mrs.Parameshwari for M/s. S.M.S.Johny Basha

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.125 of 2017, on the file of the learned Judicial Magistrate, Sankarankovil.

2. Today, Mrs.Parameshwari, learned counsel, representing the second respondent, would submit that earlier during the course of 1/3

hearings in W.P.(MD).No.9235 of 2017 and Contempt Petition in Cont.P.(MD).No.1224 of 2017 in W.P.(MD).No.5204 of 2017, the matter was referred to the Mediation and Conciliation Centre and during the mediation, settlement was arrived between the parties and it was entered into an agreement, wherein, in Clause VIII of the agreement, the second respondent has agreed to withdraw the criminal case against the accused in C.C.No.125 of 2017. It is submitted that the second respondent has no objection to quash the proceedings in C.C.No.125 of 2017 against all other accused.

3. The learned Additional Public Prosecutor appearing for the first respondent would submit that earlier the matter was referred to the Mediation and Conciliation Centre and settlement was arrived between the parties.

4. Today, the second respondent is present before this Court and this Court enquired the second respondent and the second respondent submits that she has no objection to quash the proceedings in C.C.No.125 of 2017 in respect of all the other accused also. Though only the sixth accused is before this Court, in view of the submissions made by the second respondent, this Court is of the opinion that no useful purpose will be served in keeping the proceedings in C.C.No.125 of 2017, pending against the remaining accused. Hence, this Court quashes the proceedings in C.C.No.125 of 2017, on the file of the learned Judicial Magistrate, Sankarankovil, against this petitioner and also against the other remaining accused, who are not before this Court.

5. In the result, the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg To

1. The Judicial Magistrate, Sankarankovil.

2.The Inspector of Police, Karivalamvanthanalloor Police Station, Tirunelveli District.

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

+1 CC to M/s.S.RAMAKRISHNAN, Advocate ( SR-7367[F] dated 20/02/2020 ) 19.02.2020 JMN(09.03.2020) 3P : 5C 3/3