M SANKARA MAHADAVAN Vs. STATE

JUDGEMENT

(1.) THE petitioners herein, who are accused in C.C. No.16189 of 2009 taken on file by XVII Metropolitan Magistrate, Saidapet, Chennai, for offences punishable under Sections 294(b), 323, 341, 326 and 506 (ii), I.P.C., seek to call for the records in the calendar case and quash the same in view of the special facts involved.

(2.) LEARNED counsel for the petitioners submits that both the de facto complainant/R2 herein and the accused/petitioners are residing in the same apartments and they have settled the dispute through mediation of elders and well-wishers and thereby, arrived at compromise and further, the complainant is not interested in further pursuing the case pending before the learned Magistrate. He states that since the offences are not compoundable by the Trial Court, the present Petition has been filed and along with the same, the parties have filed a joint memo to compound the offences under such circumstances, considering the peculiar circumstances involved, the prayer sought for may be granted.