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Madras High CourtCRL OP/26111/2016closed

N.Varadharajan, Aged 70 Years v. The State Rep. By

2016-12-16Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.Nos.26111 and 26113 of 2016 and Crl.MP.Nos.12955 and 12957 of 2016 1.N.Varadharajan 2.R.Raja 3.A.Ponvelan .. Petitioners in/ Accused Crl.OP.No.26111 of 2016 1.N.Varadharajan 2.V.Nivashini .. Petitioners in/ Accused 1&2 Crl.OP.No.26113 of 2016 Vs 1.The State rep. By the Inspector of Police, T-3, Korattur Police Station, Chennai.

.. Respondents/ Complainants in both Crl.OPs 2.S.Pitchumani .. Respondents/ Complainants in both Crl.OPs Petitions filed under Section 482 of the Criminal Procedure Code, to call for the records in FIRs in Crime No.1235/2016 dated 21.08.2016 and Crime No.1405 of 2016 dated 27.09.2016 on the file of the Inspector of Police, T-3 Korattur Police Station, Chennai and quash the same.

For Petitioners : Mr.E.Ezhil Caroline For R1 : Mr.C.Emalias, APP For R2 : Mr.K.Mohanraj in bothe the Crl. OPs COMMON ORDER These petitions have been filed to call for the records pertaining to the FIRs in Crime No.1235 of 2016 dated 21.08.2016 and Crime No.1405 of 2016 dated 27.09.2016 pending on the file of the first respondent police and quash the same.

2. The defacto complainant / second respondent in both the petitions is the tenant under the petitioners in Crl.OP.No.26113 of 2016. Pending investigation in Crime Nos.1235/2016 and 1405/2016, the second respondent by name S.Pitchumani and the second petitioner in Crl.OP.No.26113 of 2016 by name V.Nivashini have arrived at a settlement in respect of the disputes between them and they have filed a memorandum of compromise dated 28.09.2016 to that effect.

3. The terms and conditions of the said compromise memo read thus:

"1. The Party of the First Part (second respondent herein) is the tenant under the Party of the Second Part (second petitioner herein in Crl.OP.No.26113 of 2016). There were disputes regarding the tenancy and to that effect two FIR's were registered against the father of the Party of the Second Part in Cr.No.1235 of 2016 and in Cr.No.1405 of 2016 on the file of Korattur Police Station. Likewise third FIR was registered against brother-in-law of the party of the second part in Cr.No.753/2016 on the file of the Inspector of Police, JJ Nagar Police Station.

2. Earlier the First Party herein had collected all his materials, documents, files etc. which were in the premises of tenancy.

3. Both the parties agree that the First Party will be in possession of the tenanted premises situated at MTH Road, Padi, Chennai - 600 050, till 28th October 2016. The said possession will be a permissive permission and not a possession of tenancy.

4. The First Party undertakes that the vacant possession of the above said premises will be handed over to the party of the Second part on or before 28th October 2016. There won't be any further extension to the said period for any reasons and under any circumstances.

5. The Second Party hereby undertakes that there will be no claim of rental arrears which accrued till date and also there will be no rent till 28th October 2016 for possession of the above said premises and similarly there is no claim for rental arrears for another premises situated at C-26, Padi Industrial Estate, Mogappair East, Chenani- 600 037, which is owned by brother-in-law of the Party of the Second Part.

6. The Party of the First Part shall handover the possession of the premises situated at C-26, Padi Industrial Estate, Mogappair East, Chenani - 600 037 to the Party of the Second part on this day itself. All the materials inside the said premises shall be inspected and collected by the First Party on 28.09.2016.

7. The First Party undertakes that three FIR's culminated due to the above said disputes will be withdrawn and Party of the First Part agrees to cooperate in quashing all three FIR's whenever it is filed by the aggrieved parties before the Hon'ble High Court and the Party of the Second Part.

8. The Second Party undertakes that there won't be any disturbance to the peaceful possession of the First Party till 28th October 2016 pertaining to the First premises.

9. The First Party shall give an undertaking before the learned Judicial Magistrate, Ambattur for giving no objections to the bail application filed on behalf of Mr.Varadarajan who is the father of the Party of the Second Part.

10.The keys of premises will be handed over to the First Party with immediate effect.

11. Both the parties will not resort to any further proceedings against any body in this regard and agree that all the disputes with respect to both the premises are hereby setted."

4. In view of the above, both the Criminal Original Petitions are allowed and the FIRs in Crime No.1235 of 2016 dated 21.08.2016 and Crime No.1405 of 2016 dated 27.09.2016 pending on the file of the first respondent are quashed. The memorandum of compromise dated 28.09.2016 filed by the parties is taken on record. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar //True Copy// rk Sub Assistant Registrar

To

1. The Inspector of Police, T-3, Korattur Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras - 104.

+2cc to Mr.Mohanraj, Advocate, S.R.No.73458 / 73457 +2cc to Mr.Ezhil Carolin, Advocate, S.R.No. 74303 / 74304 CNR(CO) RS(18/01/2017) Crl.O.P.Nos.26111 and 26113 of 2016