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2013 DIGILAW 3513 (MAD)

M. B. Kumar Ganesh v. Commissioner of Police

2013-09-27

M.JAICHANDREN

body2013
Judgment : 1. The petitions have been filed seeking to enlarge the petitioners on bail in the event of arrest in Crime No.128 of 2012, on the file of the respondent police. 2. The criminal original petitions were referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 09.07.2013. 3. A communication, dated 23.09.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 17.09.2013, has been received, and in the said Mediation Report, it is stated as follows :– "Parties appeared before the Centre along with their counsel. Parties arrived at an amicable settlement as per the terms in the Compromise Memo filed by the parties. Hence the matter is sent back to the Hon'ble Court." 4. As the parties have arrived at a settlement in terms of the Joint Memo of Compromise, dated 17.09.2013, the petitions are listed for passing orders in terms of the said Joint Memo. 5. The Joint Memo of Compromise, dated 17.09.2013, signed by the parties and the counsel appearing for the petitioners, reads as follows :– "COMPROMISE MEMO FILED BY THE PETITIONER AS WELL AS THE RESPONDENT In the above matter, the Complainant Mr. R. Kumaran filed a complaint before the Commissioner of Police, Central Crime Branch, Egmore, Chennai-8 and it has been registered as FIR No.128 of 2012 dated 24.9.2012 before the Central Crime Branch under sections 465, 466, 471 and 420 of IPC. The Complaint has been lodged against – (1) P. Krishnan (2) Sivaraj and (3) Kumar Ganesh and Six others. After initiation of Complaint, the Petitioners Mr. Kumar Ganesh and Mr. Mani filed Criminal O.P. Nos.4790 of 2013 and 5838 of 2013 before Hon’ble High Court for anticipatory bail and in view of the dismissal of the said criminal Ops, they once again file Crl. O.P. Nos.11892 and 11923 of 2013. The suggestion has come from Hon’ble Court to resolve the matter amicably between the parties and on the advice of the well-wishes, friends and relatives, the matter has been compromised in the manner : The suits instituted by Mr. M.B. Kumar Ganesh that is O.S. Nos. 385 of 2010 and O.S. No.368 of 2012 before the Hon’ble District Munsif Court, Poonamallee against Mr. M.B. Kumar Ganesh that is O.S. Nos. 385 of 2010 and O.S. No.368 of 2012 before the Hon’ble District Munsif Court, Poonamallee against Mr. R. Kumaran and Krishnan shall be withdrawn and he will not proceed against the said suit proceedings. ii. Mr. M.B. Kumar Ganesh agreed and accepted R. Kumaran’s Sale Deed executed by Mr. Balaraman as Power Agent of Mr. Krishnan dated 28.10.2002 and registered as Doc. No.5828 of 2002 at Sub Registrar Office, Kuntrathur is hereby agreed and accepted by Mr. M.B. Kumar Ganesh; but the total extent mentioned in the Sale Deed is 1,485 Sq.ft. out of 5,033 Sq.ft. and in the said 1,485 Sq.ft an extent of 100 Sq.ft. be taken over by the Government for road widening and for which Mr. Kumaran also received compensation from the Government and after leaving the area whatever taken by Government for road widening and the balance 1385 Sq.ft. and the balance area has been ear-marked in the Sale Dee attached to this Compromise Memo. Thus, the area now entitled by Mr. Kumaran will be an area of 1385 Sq.ft. iii. Mr. M.B. Kumar Ganesh shall not claim any right over the above extent of 1385 Sq.ft. and the remaining area in Survey No.31/3 Vacant land, Noombal Madura, Mathirivedu Village, Mettu Street, as Mr. Kumaran land has been subdivided in Survey No.31/3D. Mr. M.B. Kumar Ganesh shall be entitled for the balance area leaving the area of Mr. R. Kumaran. With this Memo of Compromise Mr. M.B. Kumar Ganesh shall not claim any right or claim over the property of land Mr. R. Kumaran for an extent of 1385 Sq. ft. THE SALE DEED NO.5828/2002 along with this Memorandum. The entire complaint initiated by Mr. R. Kumaran against all the persons whose names reflected in the FIR shall be withdrawn forthwith and the Hon’ble Court also will pass order to that effect and the aggrieved parties by this F.I.R. can obtain appropriate reliefs from appropriate forums. The Sale Deed executed by Mr. Krishnan along with Kasi and others dated 14.3.2007 in favour of Mr. M.B. Kumar Ganesh for an extent of 15 ¼ Cents i.e. 6,649 Sq.ft. Mr. R. Kumaran shall not interfere except the area belongs to him i.e. 1385 Sq. ft. In the remaining land after deducting 1385 Sq. ft, he will not interfere with Mr. M.B. Kumar Ganesh in any proceedings. M.B. Kumar Ganesh for an extent of 15 ¼ Cents i.e. 6,649 Sq.ft. Mr. R. Kumaran shall not interfere except the area belongs to him i.e. 1385 Sq. ft. In the remaining land after deducting 1385 Sq. ft, he will not interfere with Mr. M.B. Kumar Ganesh in any proceedings. Both the parties enjoy as per their respective Sale Deeds. The parties herein agreed as per their respective sale deeds attached with this Memo of Compromise. In view of withdrawal of FIR against all the names included in the FIR, Mr. R. Kumaran herein declares before the Hon’ble Court that he will not in any form execute, initiate any proceedings and the all the proceedings initiated by him not only by filing FIR Dated 24.9.2012 and also the earlier complaints filed by Mr. R. Kumaran against Sivaraj and others dated 22.7.2007 before the Assistant Commissioner of Police are hereby withdrawn. Thus, this Compromise Memo entered into at the advice of friends, well-wishers and relatives and all the parties herein shall obey the orders of the Hon’ble Court. Now at the advice of well-wishers, friends, and relatives, the matter has been settled between the parties and the terms of settlement are as above. The petitioner and the respondent hereby pray for an order being passed in view of the compromise arrived. SCHEDULE OF PROPERTY (WHEREIN MR. M.B. KUMAR GANESH NOT CLAIMING ANY RIGHT OVER THE PROPERTY OF R. KUMARAN IS ILLUSTRATED HEREIN BELOW ALONG WITH SALE DEED ATTACHED TO THE MEMORANDUM OF COMPROMISE.) All that piece and parcel of vacant land at Noombal Madhura, Mathirvedu Village comprised in Survey No.31/3D, Mettu Street, measuring an extent of 1385 Sq.ft. out of 5033 Sq.ft. Patta initially in the name of A. Pandurangan Naicker and latter transferred in the name of Mr. R. Kumaran on the Eastern side and bounded on the: North by : Mettu Street, South by : Balance land out of 5033 Sq.ft. in S. No.31/3, East by : Land and House of Balaraman West by : Divided path way in S. No.31/3 Admeasuring : Northern side : 27 feet 6 inches Southern side : 27 feet 6 inches Eastern side : 56 feet Western side : 52 feet In all measuring 1385 Sq.ft. Dated at Chennai on this the 17th day of September, 2013" 6. Dated at Chennai on this the 17th day of September, 2013" 6. In terms of the settlement arrived at between the parties, which is recorded in terms of the Joint Memo of Compromise, dated 17.09.2013, and in terms of the Mediation Report, dated 17.09.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, the petitions are disposed of, recording the terms of the Joint Memo of compromise. The terms of the Joint Memo of Compromise, dated 17.09.2013 and the Mediation Report, dated 17.09.2013, of the Mediation Centre, shall form part of the order. Connected M.Ps., if any, are closed.