Andi Ambalam v. The Asst.Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20975 of 2016 and Crl.M.P(MD)No.10685 of 2016 1.Andi Ambalam 2.A.Bhaskaran .. Petitioners/Accused Nos.2 & 3 -Vs1.The Assistant Commissioner of Police, Anti Land Grabbing Special Cell, Madurai City, Madurai.

2.The Sub-Inspector of Police, City Crime Branch, Madurai City, Madurai. In Crime No.19 of 2016.

3.M.Anandhan .. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in Crime No.19 of 2016 on the file of the second respondent and to quash the same.

For Petitioners: Mr.A.G.Senthilkumar For R1 & R2 : Mr.K.Anbarasan Govt. Advocate (Crl.Side) For R3 : Mr.A.S.Amirtharaj

O R D E R

This petition has been filed to call for the records in Crime No.19 of 2016 pending investigation on the file of the second respondent and quash the same to the petitioners alone.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the respondents 1 & 2 and the learned Counsel appearing for the third respondent.

3. Based on the complaint given by the third respondent/defacto complainant, a case has been registered against the petitioners in Cr.No.19 of 2016 for offences under Sections https://hcservices.ecourts.gov.in/hcservices/

120(b), 465, 468, 471, 447 and 420 of IPC, on the file of the second respondent. The said F.I.R. is challenged before this Court.

4. When the matter was called on 14.11.2016 both the petitioners as well as the third respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a memo of compromise dated 14.11.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are ready to donate Rs.25,000/- each to the Government Girl's Higher Secondary School, Ulaganeri, Madurai.

5. In view of the above, this Court directed the parties to pay a total sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the Government Girl's Higher Secondary School, Ulaganer, Madurai and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, cost memo has been filed. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned F.I.R. in Cr.No.19 of 2016 on the file of the second respondent is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions is also closed.

Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar Encl.: Xerox Copy of the Memo of Compromise.

To:

1.The Assistant Commissioner of Police, Anti Land Grabbing Special Cell, Madurai City, Madurai. 2.The Sub-Inspector of Police, City Crime Branch, Madurai City, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.A.G.SENTHILKUMAR, Advocate, SR No.73452 +1 CC to Mr.M.SARAVANAN, Advocate, SR No.73767 Crl.O.P.(MD) No.20975 of 2016 am 25.11.2016 SH/CK/SAR-3:07.12.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/