Paramasivan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2024
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1324 of 2024 1.Paramasivan 2.Jeya
...Petitioners
vs 1.The Inspector of Police, City Crime Branch, Madurai City.
(Cr.No.23 of 2023) 2.L.Meenakshi
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records in Cr.No.23 of 2023 on the file of the Inspector of Police, City Crime Branch, Madurai City, Madurai District and to quash the above FIR in above Cr.No.23 of 2023. For Petitioner : Mr.KA.Ramakrishnan For R1 : Mr.M.Veeranthiran Government Advocate (crl.side) For R2 :Mr.C.Ramesh **** 1/6
O R D E R
The Criminal Original Petition had been filed by the Petitioners, seeking to quash the FIR in Cr.No.23 of 2023 on the file of the Inspector of Police, City Crime Branch, Madurai City.
2.The learned Counsel for the Petitioners submitted that the Petitioners are arrayed as A1 and A2 in Cr.No.23 of 2023 pending investigation on the file of the Inspector of Police, City Crime Branch, Madurai City, Madurai District.
3.The De-Facto Complainant is the Senior citizen aged about 85 years, who is the second Respondent in this case. After registering the case, when the second Petitioner sought anticipatory bail before this Court, the learned Single Judge of this Court had imposed conditions to deposit the settled amount between the parties. Therefore, a Memorandum of Understanding, dated 11.01.2024, was entered into with the complainant. In lieu of the same, an amount of Rs.1,55,00,000/- was deposited through RTGS into the account of the second Respondent maintained with Indian 2/6
Overseas Bank, Anna Nagar Branch, Madurai, on 12.01.2024. Today, a sum of Rs.50,00,000/- was handed over to the De-Facto Complainant by way of Demand Draft by the Petitioners/Accused in the Chamber of the Judge (Justice Sathi Kumar Sukumara Kurup) in the presence of Mr.KA.Ramakrishnan (Reg.No.196/95) learned Counsel for the Petitioner and Mr.C.Ramesh, (Reg.No.MS492/83) and in the presence of learned Counsel for the second Respondent. Mr.M.Veeranthiran, learned Government Advocate fairly conceded the same. Totally, a sum of Rs.2,05,00,000/- was settled in the transaction between the De-Facto Complainant and the Accused Nos.1 and 2. The Petitioners and the DeFacto Complainant had also filed a joint compromise memo. 4.
A status report was also filed through the Inspector of Police, City Crime Branch, Madurai City, to the effect that the parties had entered into a compromise. Also, the Inspector of Police, had herself obtained a statement from the De-Facto Complainant that they had amicably settled the matter, as per the statement given to the Inspector of Police, dated 09.02.2024. The Aadhar cards of the De-Facto Complainant and the Accused had also been enclosed by the Inspector of Police/first Respondent.
5.Since the second Respondent, who is the Senior citizen, appeared in person and conceded that the entire subject matter had been settled, the FIR in Cr.No.23 of 2023 pending on the file of the Inspector of Police, City Crime Branch, Madurai City, is quashed and the status report filed by the first Respondent and the joint compromise memo filed before this Court are recorded.
In the result, the Criminal Original Petition is allowed. Internet :Yes/No 13.02.2024 Index :Yes/No NCC :Yes/No cmr To The Inspector of Police, City Crime Branch, Madurai City.
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SATHI KUMAR SUKUMARA KURUP , J.
cmr CRL.O.P(MD)No.1324 of 2024 13.02.2024 6/6