LAWS(MAD)-2010-8-66

K DHAMODHARAN Vs. STATE

Decided On August 03, 2010
K.DHAMODHARAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioners seek to quash the proceedings in C.C.No.9124 of 2007 pending on the file of the learned III Metropolitan Magistrate, George Town, Chennai, as the matter is settled out of Court.

(2.) A dispute has arisen between the petitioners and the defacto complainant in the case, who has been impleaded as 2nd respondent under orders of this Court dated 25.11.2009. The dispute relates to mortgage of property of the defacto complainant, wherein the petitioners impersonated the defacto complainant and without his knowledge, mortgaged his property for a sum of Rs.2,40,000/-. On the complaint of the defacto complainant, case in Crime No.691/2002 for offences under Sections 406 r/w. 109, 410, 420 r/w.34, 465, 467, 468, 471 r/w. 468 IPC came to be registered against the petitioners.

(3.) In the present petition to quash, the petitioners inform that the matter is essentially a civil dispute and when the matter has ripened for trial, the parties compromised the matter and both the parties signed in the compounding petition before the Bank. The petitioners also inform that the Bank Officials refused to release the document on the ground that the matter is pending before the Criminal Court.