S.Oswalt v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.01.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.957 & 1045 of 2015 Crl.O.P.(MD)No.957 of 2015:

1. S.OSWALT

2. S.CLARANCE

3. S.JEYAKUMAR @ MAHARAJA .. Petitioners Vs.

1. THE INSPECTOR OF POLICE, KULASEKARANPATTINAM POLICE STATION, TIRUCHENDUR TALUK, TUTICORIN DISTRICT.

CR.NO.101/2014.

2. P.ARUMUGAM NADAR .. Respondents Prayer: Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to the first information report in Cr.No.101 of 2014 on the file of the 1st respondent and quash the same. Crl.O.P.(MD)No.1045 of 2015:

1. M.S.B. SHANMUGAM PILLAI

2. S.CLARANCE

3. S.OSWALT .. Petitioners Vs.

1. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN DISTRICT, TUTICORIN. CR. NO.39/2011.

2. P.ARUMUGAM NADAR .. Respondents Prayer: Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to the first information report in Cr. No.39 of 2011 on the file of the 1st respondent and quash the same. For Petitioners in both Crl.O.Ps : Mr.R.Sivalingam For R1 in both Crl.O.Ps. : Mr.K.Anbarasu Government Advocate (crl. side) For R2 in both Crl.O.Ps. : Mr.K.Arunraj https://hcservices.ecourts.gov.in/hcservices/

ORDER

These petitions have been filed to quash the FIR in Cr.NO.101 of 2014 and Cr.No.39 of 2011 on the file of the respondent police.

2. These two cases have been registered on the complaints made by one and the same party.

3. The petitioners and the defacto complainant have filed a joint compromise memo in both the cases informing the settlement of a dispute over property and of having found an amicable solution thereto. This Court, acting on the memo of compromise signed both by the petitioner and the second respondent/defacto complainant as also their respective counsel and also recording the said compromise memo, quashes all the further proceedings relating to Crime No.101 of 2014 and 39 of 2011 on the file of first respondent.

4. The Criminal Original Petitions are allowed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.THE INSPECTOR OF POLICE, KULASEKARANPATTINAM POLICE STATION, TIRUCHENDUR TALUK, TUTICORIN DISTRICT.

2.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN DISTRICT, TUTICORIN.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2cc to Mr.Sivalingam,Advocate, SR.No.3769 Crl.O.P.(MD)Nos.957 & 1045 of 2015 27.01.2015 rj2 PA/24.02.15/2P/6C Encl: Copy of Joint Compromise Memo(Crl.OP(MD)Nos.957&1045/15) https://hcservices.ecourts.gov.in/hcservices/