Tae Hyup Kim v. Sub Inspector Of Police

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.JEYAPAUL (Retd.) and Members Mr.K.Ramakrishnan, M.A., L.L.M., District Judge (Retd.) Ms.N.Saranya, B.Sc., M.L., (Advocate) Original Petition filed to call for the records in FIR.No.5 of 2022 on the file of the 1st respondent and quash the same. Tae Hyup Kim ... Petitioner Vs.

1.State represented by the Sub - Inspector of Police, District Crime Branch, Kancheepuram.

2.Prem Bhasani

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.V.SureshKumar learned counsel for petitioner, Mr.R.Kishore Kumar, Government Advocate for 1st respondent and Mr.A.Nagarajan for 2nd respondent are present. After 1/5

mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The defacto complainant filed a criminal case as against the petitioner herein. The 1st accused filed Criminal Original Petition before the High Court prayed for quashing the FIR filed against him. 2.As per the directions of this High Court while granting anticipatory bail in Crl.O.P.No.28407 of 2023, the 1st accused deposited a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) before the learned Judicial Magistrate No.I, Kancheepuram.

3.Both the parties having initiated negotiation, settled their dispute that has arisen between them.

4.The 1st accused is prepared to collect the amount of Rs.30,00,000/- (Rupees Thirty Lakhs Only) which was deposited by him before the learned Judicial Magistrate No.I, Kancheepuram and pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the defacto complainant and the defacto complainant has agreed to receive the same amount and give a go by to the entire criminal case lodged by him. A Memorandum of Understanding dated 14.09.2024 has been filed by both the parties in this regard.

5.In view of the above compromise arrived at between the parties, an award is passed by the Lok Adalat directing the 1st accused to collect a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) which has been deposited by him before the learned Judicial Magistrate No.I, Kancheepuram and pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the defacto complainant.

2/5

6.In view of the above compromise arrived at between the parties, the criminal complaint given by the defacto complainant against the accused persons stands quashed.

7.Accordingly, this Criminal Original Petition stands disposed of. Connected Miscellaneous Petitions is closed, if any. Tae Hyup Kim Counsel for the Petitioner 1.State represented by the Sub - Inspector of Police, District Crime Branch, Kancheepuram.

Counsel for 1st respondent 2.Prem Bhasani Counsel for 2nd respondent This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the petitioner in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To:

3/5

The parties/Advocate concerned Copy to:

1.The Sub - Inspector of Police, District Crime Branch, Kancheepuram. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies krk M.JEYAPAUL.J.,(Retd.) krk 4/5

14.09.2024 5/5