Petitioner sought non-interference in a civil dispute under Section 482 CrPC. High Court noted the matter was amicably settled. Directed police to close the complaint and not interfere.
Directed first respondent to close the complaint and not to interfere in the civil dispute between the petitioner and second respondent.
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CRL.O.P.(MD).No.1946 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.11.2019
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.(MD).No.1946 of 2019
Mohammed Rasool
... Petitioner
Vs.
1.The Inspector of Police, Vilakkuthoon Police Station, Madurai, Madurai District.
2.K.M.Sait ... Respondents
PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent herein not to interfere in the civil dispute in between the petitioner and the second respondent.
For Petitioner : Mr.S.Ramasamy
For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side)
For R2 : Mr.K.Jegan
O R D E R
This Criminal Original Petition has been filed to direct the first respondent herein not to interfere in the civil dispute in between the petitioner and the second respondent.
2.The learned Government Advocate (Criminal Side) submitted that on the complaint lodged by the second respondent, the first respondent conducted an enquiry and the matter has been amicably settled between the petitioner and the second respondent, even though the second respondent did not withdraw the complaint. Therefore, the first respondent is now interfering with the civil dispute between the petitioner and the second respondent.
3.Considering the facts and circumstances of the case, the first respondent is directed to close the complaint and not to interfere with the civil dispute between the petitioner and the second respondent.
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CRL.O.P.(MD).No.1946 of 2019
4.Withe above direction, this Criminal Original Petition is disposed of.
Sd/Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS)
das To 1.The Inspector of Police, Vilakkuthoon Police Station, Madurai, Madurai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC TO MR.S.RAMASAMY, Advocate Sr. No. 97418 CRL.O.P.(MD).No.1946 of 2019 08.11.2019
DB(CO) TR(22.11.2019)2P 4C
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1 issue framed by the court
Whether the criminal court can direct the police to close a complaint arising from a settled civil dispute to prevent interference.
1 provisions across 1 enactments
Mohammed Rasool
Inspector of Police, Vilakkuthoon Police Station, Madurai
K.M.Sait
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
