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5.4.On the same day ie., on 05.07.2019, at 12.00 O'clock, the Inspector of Police, C2 Elephant Gate Police Station, Chennai, came to the house of the defacto complainant, arrested him on the complaint that he stole jewels from Ganpathilal Babel's shop. Further, the Inspector of Police called his partner, told them that if the balance amount is not paid, he will not be allowed to come out on bail. In the George Town Court, the Lawyers A.Saravanan and K.S.Natarajan received Rs.5,00,000/- from the partners of the defacto complainant and subsequently, the defacto complainant was released on bail. Further, on 23.07.2019, the defacto complainant preferred a criminal complaint before the Inspector of Police (L&O), C-2 Elephant Gate Police Station, Chennai, the respondent herein, against A1 to A8 and other gang men. https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.257 & 317 of 2020 & CRL RC.Nos.1418 & 1420 of 2019 Subsequently, he preferred a complainant before the higher authorities. Since, there was no action, the petitioner filed a petition in Crl.M.P.No.644 of 2019 before the learned VIII Metropolitan Magistrate, George Town, Chennai, seeking a direction to register the complaint. The learned Magistrate referred the complaint to the Police for investigation under Section 156(3) of CrP.C. On the basis of the complaint forwarded, the present FIR came to be registered.

6. The learned Senior Counsel appearing for the petitioners in all the petitions would submit that the complaint do not disclose any prima facie case against the petitioners. During the month of May 2019, the defacto complainant approached the 1st petitioner, told him that they have purchased the property through court auction, asked A1 to vacate the shop and demanded Rs.1,60,00,000/-, if tenants want to continue to run the business in the shop. On 24.06.2019, when A1 went to open his shop, he was shocked to see the lock of the shop broken. Immediately, he informed the same to C2-Elephant Gate Police Station. When the police official came and opened the shop, it was found that jewels worth about to Rs.2.5 Crore and other valuable things were stolen. Based on the complaint of A1, and after thorough enquiries, FIR registered in Crime No.388 of 2019 under Sections 427, 488, 457 and 380 of IPC., against the defacto complainant and his friends. According to the petitioners, https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.257 & 317 of 2020 & CRL RC.Nos.1418 & 1420 of 2019 the actual dispute is between the purchaser of the litigation property and occupier / tenant with regard to possession and they have given criminal colour to the civil dispute. The FIR registered against the petitioners is clear abuse of process of law.

The party of the first part agrees to withdraw the Criminal complaint given in crime no. 389 of 2019 and Crime No. 675 of 2019 on the file of the C2 - Elephant Gate Police station, Chennai, against the party of the second part, his son Ankit Babel and others. The party of the first part agrees to give letters addressed to the Inspector of police C2 elephant Gate police Station withdrawing the above mentioned criminal cases. Similarly the party of the second part who has filed a case in crime number 388 of 2019 on the file of C2 elephant Gate police Station agrees to withdraw the said complaint which is launched against the party of the first part and others. The party of the Second part agrees to give a letter withdrawing the said complaint addressed to the Inspector of police C2 to elephant Gate police station.
Both parties agree to file this memorandum of understanding before the Honourable High Court of Judicature at Madras in the pending proceeding g between both the https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.257 & 317 of 2020 & CRL RC.Nos.1418 & 1420 of 2019 parties.
The party of the first part agrees to file an affidavit stating that the matter has been settled between the party of the first part and others and the party of the second part and he is Withdrawing the criminal cases pending on the file of C2 elephant Gate police station. The party of the first part agrees to file affidavits in Crl. RC. No. 1418, 1420 of 2019 and in CrI.O.P. Nos. 317 of 2020 and CrI.O.P. No's. 257 of 2020 stating that he agrees to withdraw the criminal complaint in Crime No. 675 of 2019 on the file of the C2 Elephant Gate Police Station and has no objection if the case is quashed in the above mentioned crime number.