Lakshmanan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD).No.14730 of 2017 Lakshmanan ... Petitioner -vs1. The Superintendent of Police, Sivagangai,
2. The Deputy Superintendent of Police,
3. The Inspector of Police, North Police Station,
4. K.P.Veerapathiran ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the first respondent to dispossession the rowdy elements and consequently direct the third respondent to register the case based on the petitioner's complaint dated 21.10.2017 against the fourth respondent as well as the rowdy elements in accordance with law.
For Petitioner : Mr.M.Subash Babu For Respondents 1 to 3 : Mr.K.S.Durai Pandian Additional Public Prosecutor For 4th Respondent : Mr.G.Thiruvarutselvan *****
O R D E R
This petition is filed for issuing a direction to the first respondent to dispossess the rowdy elements and consequently direct the third respondent to register the case based on the petitioner's complaint dated 21.10.2017 against the fourth respondent.
2.After filing this petition this Court insisted the fourth respondent to appear before this Court and submit a calculation with regard to the money which was given to the petitioner and to state how he came into possession of the property. 3.The learned counsel appearing for the petitioner stated that he is prepared to pay the entire money which he had borrowed from the fourth respondent.
4.It appears that the petitioner and the fourth respondent have also settled their dispute amicably out of the Court at the intervention of elders and relatives. It is stated that the parties have also entered into a Compromise. A joint compromise memo, dated 14.12.2017, signed by the petitioner and the fourth respondent in the presence of their respective counsels, is also produced before this court. As per the joint compromise memo, the parties have arrived at terms. The petitioner has agreed to pay a sum of Rs.60,00,000/- (Rupees Sixty Lakhs) including the interest as one time settlement to the fourth respondent within a period of two months without default.
5.Today, the parties appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Additional Public Prosecutor through the third respondent police. 6.In view of the specific terms of the Joint Compromise Memo, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence, no further direction is necessary to the respondent police and this Criminal Original Petition is closed. The Joint Compromise Memo signed by the parties shall form part of the order.
Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar Encl: Xerox copy of Joint Compromise Memo To:
1. The Superintendent of Police, Sivagangai,
2. The Deputy Superintendent of Police,
3. The Inspector of Police, North Police Station, +1cc to Mr.G.Thiruvarutselvan, Advocate Sr.No.93413 VSG VB/SV/MMS/SAR4/09/01/2018/3P/5C Crl.O.P.(MD).No.14730 of 2017 15.12.2017