M.Arunkumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.7049 of 2017 and Crl.M.P.No.5110 of 2017 1.M.Arunkumar 2.K.R.Anerudan [ Petitioners ] Vs 1.The Inspector of Police, Central Crime Branch, Team IX A, Commissioner's Office, Chennai.

2.B.Kulashekar 3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

[Respondents] Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in FIR No.12 of 2017 on the file of the Inspector of Police, Central Crime Branch, Team IX A, Commissioner's Office, Chennai, and quash the same.

For Petitioners : Mr.B.Kumar, Sr.Counsel for M/s.Roshan Balasubramanian For Respondents : Mr.C.Emalias, Additional Public Prosecutor for R1 and R3 Mr.Bijai Sundar for R2

O R D E R

When this Criminal Original Petition was taken up, the learned senior counsel appearing for the petitioners as well as the learned counsel for the second respondent, have filed a memorandum of compromise dated 07.04.2017, entered into between M/s.Casa Grande Private Limited, represented by its Director, Mr.Siva Sankar Reddy and Mr.B.Kulashekar, Managing Partner of M/s.Kayes Estates, the second respondent herein, and duly signed by them, amicably settling their disputes. An affidavit has also been filed by the second respondent/ de facto complainant in which it is stated that he has no objection in quashing the impugned proceedings, in view of the compromise entered into between him and the petitioners. 2.The first petitioner (representing all the petitioners) and the second respondent are present. Their identities have been verified and they accepted the contents in the memorandum of compromise as true and genuine.

3.The memorandum of compromise is recorded and the same shall form part of this order. Further, the affidavit filed by the second respondent is also taken on record. In view of the memorandum of compromise and the affidavit filed by the second respondent, the

proceedings in FIR No.12 of 2017 on the file of the first respondent herein is quashed and the Criminal Original Petition is disposed of in terms of the memorandum of compromise. Consequently, the connected miscellaneous petition is closed.

4.It is represented that the second petitioner is in the Puzhal Prison in connection with the present case. In view of the quashing of the proceedings in FIR No.12 of 2017 by virtue of the compromise entered into between the parties, the second petitioner is entitled for bail.

Index : Yes/No 11.04.2017 Internet : Yes/No KM Note to the Registry: Issue order copy today (11.04.2017). To 1.The Inspector of Police, Central Crime Branch, Team IX A, Commissioner's Office, Chennai.

2.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

3.The Public Prosecutor, Madras High Court, Chennai-600 104.

R.MAHADEVAN, J.

KM Crl.O.P.No.7049 of 2017 and Crl.M.P.No.5110 of 2017 11.04.2017