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Madras High CourtCRL OP(MD)/1793/2018closed

Parameshwari v. The Superintendent Of Police

2018-09-04Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.1793 of 2018 Parameshwari ...

Petitioner Vs.

1. The Superintendent of Police Sivagangai District Sivagangai

2. The Inspector of Police Sivagangai Town Police Station Sivagangai District

3. The Sub Inspector of Police Sivagangai Town Police Station Sivagangai District 4.K.Alli

5. Dhanapalan

6. Selvi

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent not to interfere in the civil dispute of the petitioner under the pretext of the fourth respondent foisted complaint.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.Suyambulinga Bharathi No.1 to 3 Government Advocate (Crl.Side) No 4 to 6 : Mr.V.Sasikumar

ORDER

This Criminal Original Petition has been filed to direct the third respondent not to interfere in the civil dispute of the petitioner under the pretext of the fourth respondent foisted complaint.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3.

3. Perused the materials placed on record.

4. It is submitted that during the mediation process the petitioner agreed to pay a sum of Rs.1,40,000/- to the third and fourth respondents as full and final settlement. The third and fourth respondent also accepted the same. The petitioner has paid only Rs.40,000/- to the third and fourth respondent on 17.07.2018. Inspite of giving opportunity to the petitioner to pay the money, she did not comply with the agreed terms of settlement. 5.Under such circumstances, the question of "Not to harass" will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police. It is left open to the fourth and fifth respondents to proceed against the petitioner for recovery of money in the manner known to law.

6.Hence, the Criminal Original petition is dismissed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Superintendent of Police Sivagangai District Sivagangai

2. The Inspector of Police Sivagangai Town Police Station Sivagangai District

3. The Sub Inspector of Police Sivagangai Town Police Station Sivagangai District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1CC TO MR.T.LENIN KUMAR, ADVOCATE IN SR.NO.82369. AAV DS RSK SAR-4 11.10.2018 2P/6C Crl.O.P.(MD)No.1793 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 04.09.2018