BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15174 of 2011 R.Santharam Subbu :Petitioner -Vs- 1.State Rep.by The Inspector of Police, District Crime Branch, Madurai. 2.The Superintendent of Police, Madurai District, Madurai. :Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent police to register the case on the basis of the complaint given by the petitioner dated 25.04.2011 and investigate the case in accordance with the law. For Petitioner :Mr.S.Ramasamy For Respondents:Mrs.S.Prabha, Govt. Advocate (Crl. Side) ORDER This Criminal Original Petition has been filed to direct the first respondent police to register the case on the basis of the complaint given by the petitioner dated 25.04.2011 and investigate the case in accordance with the law. 2.Heard Mr.S.Ramasamy, learned Counsel appearing for the petitioner and Mrs.S.Prabha, learned Government Advocate(Criminal Side) for the respondents 3.According to the submissions of the learned Government Advocate (Criminal Side) both parties are entered into a compromise on 12.10.2011 and they have executed a memorandum of understanding in the presence of witnesses and therefore there is no necessity to register a complaint. 4.The learned Counsel for the petitioner would submit that compromise has not been honoured by the accused persons and therefore the complaint has to be pursued. 5.Considering the submissions made on both sides, I could see that the dispute contemplated in the complaint made by the petitioner before the first respondent police regarding the documents executed in between both the parties has been compromised and closed. Now, according to the learned Counsel for the petitioner the accused person has violated and it is for him to press the earlier complaint on the basis of such violation. In view of arising of new cause of action the first respondent is permitted to proceed the matter in accordance with the law by preferring fresh complaint if so advised. 6.With the above direction, the Criminal Original Petition is disposed of. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: 1.The Inspector of Police, District Crime Branch, Madurai. 2.The Superintendent of Police, Madurai District, Madurai. 3.The Addl. Public Prosecutor,Madurai Bench of the Madras High Court,Madurai +1CC to M/s.S.Ramasamy, Advocate. SR.No.41346. Gsr Crl.O.P.(MD).No.15174 of 2011 RP/07.12.2011/1P/5C. 23.11.2011 https://hcservices.ecourts.gov.in/hcservices/