Madras High CourtCRL OP/28908/2019dismissed as infructuous

Sivanesan v. The Inspector Of Police,

2023-03-06Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.28908 of 2019 Sivanesan ... Petitioner

Versus

1.The Inspector of Police, Central Crime Branch II, EDF III, Greater Chennai Police, Vepery, Chennai - 600 007.

(In Crime No.33/2019)

2. A.Sankar (R2 is impleaded as per order in Crl.M.P.No.18285 of 2019 in Crl.O.P.No.28908 of 2019 dated 09.12.2019) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to transfer the case in Cr.No.33 of 2019 pending investigation before the respondent police to any other competent officer under the supervision of higher officer to proceed with. For Petitioner : Mr.B.Srinivasan For R1 : Mr. A.Damodaran Additional Public Prosecutor For R2 : No Appearance 1/4

O R D E R

This Criminal Original Petition has been filed to transfer the case in Cr.No.33 of 2019 pending investigation before the respondent police to any other competent officer under the supervision of higher officer. 2.The complaint has been filed against one Shankar who is the second respondent herein. It appears that pursuant to the direction issued by this Court, the parties appeared before the Mediation Centre and during the Mediation process, they have arrived at a compromise. The Mediation Centre has sent a report annexing the copy of the Settlement Agreement dated 20.02.2023 entered into between the parties. As per the settlement arrived, the defacto complainant has received the payment due to him from the said Mr.Shankar, and has agreed to withdraw the complaint in Crime No.33 of 2019. 3.In view of the same, the above petition for transfer has become infructuous.

4.The first respondent may take a cognizance of this compromise and act accordingly.

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5.With the above observations, the Criminal Original Petition stands dismissed as infructuous.

06.03.2023 dk Index: Yes/No Speaking Order / Non-Speaking Order To 1.The Inspector of Police, Central Crime Branch II, EDF III, Greater Chennai Police, Vepery, Chennai - 600 007.

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

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SUNDER MOHAN, J dk Crl.O.P. No. 28908 of 2019 06.03.2023 4/4