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Madras High CourtCRL OP(MD)/7228/2016closed

Suresh, S/O.Veeran, v. The Commissioner Of Police,

2016-06-02Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.7228 of 2016 Suresh .. Petitioner Vs.

1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, Palakarai Police Station, Palakarai, Trichy District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to register the case as per the complaint of the petitioner dated 23.04.2013. For Petitioner : Mr.P.Dhanasekaran For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

O R D E R

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 23.04.2013.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned Government Advocate (Crl. Side) would submit that the matter was enquired into and there is a compromise entered into between the defacto complainant and the proposed accused. The copy of the statement recorded in the Police Station is also produced.

4. At this juncture, the learned counsel for the petitioner would submit that the terms of compromise was not carried into effect and that the proposed accused is trying to disobey the terms of compromise.

https://hcservices.ecourts.gov.in/hcservices/ 5.This Court is of the view that if the terms of compromise is

not respected, it would provide only a cause of action for the petitioner to take further action. Therefore, it is open to the petitioner to take appropriate action based on the memo of compromise or the breach of compromise. Therefore, the remedy open to the petitioner is not before this Court.

6.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, Palakarai Police Station, Palakarai, Trichy District.

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

+ 1 CC TO MR.P.DHANASEKARAN, ADVOCATE IN SR No. 27869/16 GCG/AR TE/SK-SKN/ : 24/06/2016 : 2P/5C Crl.O.P(MD)No.7228 of 2016 02.06.2016 https://hcservices.ecourts.gov.in/hcservices/