Sivanantham v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.18727 of 2023 and Crl.M.P.(MD) Nos.14804 & 14806 of 2023 Sivanantham ... Petitioner/Sole Accused Vs.
1.The State rep by, The Inspector of Police, Kandavarayanpatti Police Station, Thirupathur Taluk Sivagangai District - 630 211.
...1st Respondent/Complainant 2.Sri Murugar Spinning Mill, rep by its Manager, Nagarajan, No.23, 2nd Layout School Road, Krishnaswamy Nagar, Ramanathapuram.
Coimbatore - 641 045.
...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the charge sheet in C.C.No.76 of 2022 on the file of the Principal District Munsif cum Judicial Magistrate Court, Thiruppathur. For Petitioner : Mr.M.Mohamed Ibram Saibu For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.C.Nihil Nandha 1/4
O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.76 of 2022 on the file of the learned Principal District Munsif cum Judicial Magistrate Court, Thiruppathur. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.69 of 2021 for the offences punishable under Sections 420 & 506(i) IPC, against the petitioner. It appears that it is a business transaction issue between the parites and the total amount involved is Rs.20,00,000/-, that is also paid by the accused to the defacto complainant. The defacto complainant is present before this Court and stated that he received the amount of Rs.20,00,000/- from the accused. 3.
The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards.
were also identified by the learned Government Advocate (Crl.side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.
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 10.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.76 of 2022 pending on the file of the learned Principal District Munsif cum Judicial Magistrate Court, Thiruppathur, is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.76 of 2022, pending on the file of the learned Principal District Munsif cum Judicial Magistrate Court, Thiruppathur is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous petitions are closed. 13.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4
G.ILANGOVAN. J.
Indu To 1.The Inspector of Police, Kandavarayanpatti Police Station, Thirupathur Taluk.
Sivagangai District - 630 211.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.18727 of 2023 13.12.2023 4/4