The Madras High Court has quashed a First Information Report registered by Central Crime Branch police here against M. Arunkumar and K.R. Anerudan , the founders of real estate firm Casa Grande, after the complainant filed an affidavit stating that he had no objection to quash the case in view of a compromise reached between them.
Justice R. Mahadevan passed the order after recording a memorandum of compromise as well as the contents of the affidavit filed by the complainant in support of the real estate developers.
The judge also verified the identities of the parties who were present in court and made sure that the contents of the memo as well as affidavit were true.
Earlier, senior counsel B. Kumar, representing the founders of Casa Grande, and advocate Bijai Sundar appearing on behalf of complainant B. Kulashekar had filed the joint memo of compromise signed by the parties. Pointing out that the dispute had been settled amicably, the judge said the complainant had also filed an individual affidavit.
In the affidavit, “it is stated that he has no objection in quashing the impugned proceedings in view of the compromise reached between him and the petitioners... The memorandum of compromise is recorded and the same shall form part of this order. Further, the affidavit filed by the second respondent is also taken on record.”
“In view of the memo and the affidavit, the proceedings before the first respondent are quashed,” the judge concluded.
According to police sources, Mr. Kulasekaran of KAYES Estate had entered into an agreement with Casa Grande for developing villas on 1.33 acres owned by the former on 50:50 joint venture basis in 2010. He also gave power of attorney in the name of the co-founders of Casa Grande — Mr. Anerudhan and M. Arunkumar — for obtaining building plan approvals.
The complainant had alleged that instead of getting the approvals from the Chennai Metropolitan Development Authority, Casa Grande forged documents to make it appear that the plot had been split into five. It then submitted the documents to the Town Panchayat.
Planning permission was obtained on the basis of the forged documents.
The issue came to light when Mr. Kulasekaran came to sell his portion. He lodged a complaint with the Central Crime Branch in 2015 alleging that Casa Grande had cheated him of Rs. 20 crore.