V.C Manoharan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL and Crl.M.P.(MD)No.1543 of 2025 V.C.Manoharan ... Petitioner Vs.

1. The Inspector of Police, Sayalgudi Police Station, Ramanathapuram District.

Crime No. 219 of 2014.

2. A.S. Mohamed Asan ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the impugned proceedings in C.C. No. 79 of 2019 on the file of the District Munsif-cum-Judicial Magistrate, Kadaladi, dated 16.07.2015 and to quash the same.

For Petitioner : Mr.R.Jothiraj For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R2 : Mr. A.Rajasekar Page no.1/4

ORDER

This petition has been filed by the petitioner/sole accused to call for the records relating to the impugned proceedings in C.C. No. 79 of 2019 on the file of the District Munsif-cum-Judicial Magistrate, Kadaladi, dated 16.07.2015 and to quash the same.

2. The prosecution case is that due to a land dispute between the petitioner and the defacto complainant, the petitioner cheated the defacto complainant and thereby, the defacto complainant / second respondent herein lodged a complaint. Based on the said complaint, FIR has been registered in Crime No.219 of 2014 for the offence under Section 420 of the Indian Penal Code, 1860 and thereafter, the matter has been elaborately investigated and after investigation, the final report has been filed as against the petitioner. Now the case is pending for trial. At this stage, the petitioner has filed this quash petition.

3. When the matter was taken up for hearing, the learned Counsels on both sides represented that the matter has been amicably settled between the parties and they have entered into a compromise and the same was filed before this Court.

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4. This Court also enquired the petitioner as well as the defacto complainant, who are present in the Court and the defacto complainant has no objection to quash the proceedings in C.C.No.79 of 2019 since he received a sum of Rs.3,00,000/- and thereby, they have entered into a compromise.

5. A compromise memo dated 10.02.2025 signed by the parties is filed before this Court and this Court also perused the terms of compromise entered into between the parties.

6. In view of the above said compromise and considering the nature of offences, this Criminal Original Petition is allowed and the pending proceedings in C.C.No.79 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Kadaladi is quashed. The compromise memo, dated 10.02.2025 filed by the parties shall form part of this order. Consequently, connected criminal miscellaneous petition is closed. 25.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac Page no.3/4

P. DHANABAL , J., mac To

1. The District Munsif-cum-Judicial Magistrate, Kadaladi.

2. The Inspector of Police, Sayalgudi Police Station, Ramanathapuram District.

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

and Crl.M.P.(MD)No.1543 of 2025 25.02.2025 Page no.4/4