Madras High Court
This Matter Is Listed Today Under ... vs The State Rep. By on 6 April, 2023
Crl.O.P(MD)No.16159 of 2018
Crl.O.P(MD)No.16159 of 2018
K.K.RAMAKRISHNAN, J.
This matter is listed today under the caption 'for being mentioned' at
the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner submitted that in the third
and fourth paragraphs of the order dated 06.04.2023, there are some
typographical error regarding the name of the petitioner's husband and the
name of the power agent of the defacto complainant.
3. Heard the submissions of the learned counsel for the petitioner.
4. On perusal of the order dated 06.04.2023, it could be seen that
there are some typographical error as stated above. Hence, the Registry is
directed to delete the third paragraph (2nd page) and fourth paragraph (3rd page)
in the order, dated 06.04.2023 and reissue the order with correct paragraph
numbers in the order as follows:
“3.The petitioner Thiruveni filed the D.V.C.No.01 of
2020 on the file of the learned Judicial Magistrate, Pattukkottai
against the defacto complainant in C.C.No.193 of 2018.
6.Today, when the matter was taken up for hearing,
the defacto complainant's power agent viz., Devi Meenakshi
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Crl.O.P(MD)No.16159 of 2018
and the petitioner also appeared before this Court and affirmed
the terms of the compromise.”
5. The other paragraphs of the order, dated 06.04.2023 shall remain
intact.
27.04.2023
PJL
Note:Issue order copy on 28.04.2023.
Crl.O.P(MD)No.16159 of 2018
Page No. 2 of 10
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Crl.O.P(MD)No.16159 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Crl.O.P.(MD) No.16159 of 2018
and
Crl.M.P(MD)Nos.7164, 7165 of 2018
Thiruveni .. Petitioner/Sole
Accused
Vs
1. The State rep. By
The Inspector of Police,
District Crime Branch,
Thanjavur,
Thanjavur District
Crime No.02 of 2017. .. 1st Respondent/Complainant
2. Ramesh Ganesh .. 2nd Respondent/Defacto
Complainant
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records pertaining to the Charge Sheet in C.C.No.193 of 2018 for the
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Crl.O.P(MD)No.16159 of 2018
alleged offence under sections 406, 419, 468, 471, and 420 of IPC on the file of
the learned Judicial Magistrate No.I, Thanjavur and quash the same as illegal.
For Petitioner : Mr.T.Lajapathi Roy
Senior Counsel
for Mr.T.Sathiyaseelan
For R1 : Mr.M.Muthumanikkam
Government Advocate (Criminal side)
For R2 : Mr.I.Robert Chandrakumar
ORDER
The Criminal Original Petition has been filed to quash the charge
sheet in C.C.No.193 of 2018, for the alleged offence under sections 406, 419,
468, 471 and 420 of IPC, on the file of the learned Judicial Magistrate No.I,
Thanjavur.
2. The petitioner is the wife of deceased Karthikeyan. The second
respondent/defacto complainant is the brother of the said Karthikeyan. The
defacto complainant made a complaint before the first respondent Police
alleging that the petitioner had manipulated the signature of the deceased
Karthikeyan in the nomination form and submitted the same to the Bank.
Hence, the first respondent has registered a case for the alleged offence under
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Crl.O.P(MD)No.16159 of 2018
Sections 406, 419, 468, 471 and 420 of IPC.
3. During the life period of the said Karthikeyan, the petitioner has
given complaint and the said complaint was taken on file in C.C.No.193 of
2018 on the file of the Judicial Magistrate No.I, Thanjavur and D.V.C.No.01 of
2020 on the file of Judicial Magistrate Court, Pattukottai, against him.
4. Now, the parties have decided to compromise the dispute amicably
among themselves in the following terms.
“The petitioner and the 2nd respondent agree to compromise
this case as here under:-
1. The petitioner agrees to pay a sum of Rs.30,00,000/- to
the 2nd respondent out of which the petitioner agrees to transfer a
part amount of Rs.17,00,000/- from two Savings bank accounts (i.e.,
IOB A/c.No.0088010035987, SBI A/c. No.10349493290) of her
husband to the 2nd respondent. Regarding the remaining amount of
Rs.13,00,000/-, the petitioner agrees to allot the said amount of Rs.
13,00,000/- from her share that may be allotted in the 'D to I-
schedule' of the description of properties in partition suit O.S.No.
24/2020 pending before the II-Additional District Judge, Thanjavur
(between the petitioner, 2nd respondent and others) to the 2nd
respondent in addition to the actual share that would be allotted to
the 2nd respondent in the said 'D to I-schedule' of the partition suit
O.S.No.24/2020 pending before the II-Additional District Judge
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Crl.O.P(MD)No.16159 of 2018
Thanjavur. If there is lesser amount or difference of amount in those
schedule, the balance will be paid by the petitioner Thiruveni by way
of adjustment in the said suit at the time of allotment of her share.
2. The 2nd respondent withdraws the criminal case against
the petitioner in C.C.No.193 of 2018 on the file of the Judicial
Magistrate No.II, Thanjavur.
3. The petitioner withdraws the Domestic violence case in
D.V.C.No.01/2020 on the file of the Judicial Magistrate, Pattukkottai.
4. The right of both the parties on the properties will be
decided in the civil court and parties will abide by it.”
3. It is represented by the learned counsel for the second respondent
that now, the defacto complainant/Ramesh Ganesh is working in America and
he had executed a power deed in favour of his sister Devi and appointed her as
his Power Agent. He had authorized his sister to enter into compromise and
perused the compromise memo and also directed her to file the compromise
memo.
4. Today, when the matter was taken up for hearing, the defacto
complainant's power agent viz., Devi and the petitioner also appeared before
this Court and affirmed the terms of the compromise.
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Crl.O.P(MD)No.16159 of 2018
5. The Hon'ble Apex Court in the case of Gian Singh vs. State of
Punjab and another reported in (2012) 10 SCC 303 and Parbathbhai Aahir @
Parbathbhai Vs. State of Gujrath) reported in (2017) 9 SCC 641 were laid the
guidelines for recording compromise for non-compoundable offence.
6. In view of the compromise memo filed between the parties and
nature of relationship between the parties and also in the light of the guidelines
issued in the above said Judgments of the Hon'ble Apex Court, the proceedings
in C.C.No.193 of 2018 pending before the Judicial Magistrate No.I, Thanjavur,
is quashed with a condition to the petitioner to deposit a sum of Rs.25,000/- to
the Women Lawyers Association attached to the Madurai Bench of Madras
High Court, Madurai and another sum of Rs.25,000/- to the Madurai Bench
High Court Advocates Association and the President and Secretary of the
Association concerned, is directed to utilise the above amount for making
subscription for the poor advocates under the scheme of Advocate Welfare Life
Fund. The terms of joint compromise memo shall form part and parcel of this
order.
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Crl.O.P(MD)No.16159 of 2018
7. Accordingly, this Criminal Original Petition stands allowed and the
proceedings in C.C.No.193 of 2018 pending before the Judicial Magistrate
No.I, Thanjavur is quashed. Consequently, connected miscellaneous petitions
are closed.
8. It is represented by the learned Senior counsel for the petitioner
that during the pendency of the investigation, the investigation officer passed
an order of freezing the account in two account numbers i.e., IOB A/c.No.
0088010035987, Indian Overseas Bank, South Street, Thanjavur and SBI A/c. No.
10349493290, State Bank of India, VOC Nagar Branch, Thanjavur and in view
of the said order, the accounts are kept in abeyance.
9. Hence, this Court, as sequel to the quashing of the criminal case in
C.C.No.193 of 2018, hereby directed the respective Bank authorities to
defreeze the bank accounts and release the amount to the defacto complainant
within 15 days from the date of production of this order without raising any
clarification. Since the bank is not a party to the proceedings, Registry is
directed to mark a copy of this order to the Bank authorities viz., the Manager,
Indian Overseas Bank South Street, Thanjavur and the Manager, State Bank of
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Crl.O.P(MD)No.16159 of 2018
India, VOC Nagar Branch, Thanjavur.
06.04.2023
NCC :Yes/No
Internet :Yes/No
Index :Yes/No
PJL
To
1. The Inspector of Police,
District Crime Branch, Thanjavur,
Thanjavur District.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
3.The Manager,
Indian Overseas Bank South Street,
Thanjavur.(A/c.008801000035987)
4.The Manager,
State Bank of India,
VOC Nagar Branch,
Thanjavur.(A/c.10349493290)
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.16159 of 2018
K.K.RAMAKRISHNAN, J.
PJL
ORDER IN
Crl.O.P.(MD) No.16159 of 2018
and
Crl.M.P(MD)Nos.7164, 7165 of 2018
06.04.2023
https://www.mhc.tn.gov.in/judis
