Akbar Aziz v. The State Of Tamilnadu Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR 1.Akbar Aziz 2.Mohammed Jakkiria 3.Nirmal Ghosh 4.Saravanan 5.Mohan Raj 6.Sheik Mohammed 7.Arunkumar 8.Jakir Hussain 9.Naina Mohammed 10.Kaja Alauddin ... Petitioners vs.
1.The State of Tamil Nadu, Rep., by the Inspector of Police, S-1, St. Thomas Mount Police Station, Chennai.
(Crime No.50 of 2018) 2.Mohammed Fayath ... Respondents Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the charge sheet in P.R.C.No.70 of 2026 on the file of the Judicial Magistrate No.1, Alandur, Chennai and quash the same.
For Petitioner :
Mr. C.M.K. Appaji For R1 :
Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor Page No.1 of 6
O R D E R
The petitioners/accused, who is facing trial in P.R.C.No.70 of 2025 for offence under Sections 341, 323, 419, 395, 294(b) & 506(i) of IPC before the Judicial Magistrate No.1, Alandur, Chennai, has filed this Criminal Original Petition on the ground of compromise. 2.The case of the prosecution is that on 03.03.2018 at about 23.50 hours, the 2nd respondent, along with his friends namely Mohammed Sukoor, Kurais Naina Mohammed and Pirdhows and the 1st petitioner / A1, Akbar Aziz, had booked an Ola Taxi in front of D1, Tiruvallikeni Police Station to proceed to Chennai Airport for travel to Sri Lanka. The petitioners 2 to 10 had followed the said taxi in a Xylo car and near Azarkana Subway, intercepted the Ola taxi by falsely claiming themselves to be Narcotics Vigilance Officials. They then shifted the 2nd respondent, his friends and the 1st petitioner into the Xylo car and proceeded towards GST Road, Tambaram.
2.1. During the travel, the petitioners 2 to 10 allegedly attacked the 2nd respondent and the 1st petitioner, abused them in filthy language and robbed a sum of Rs.4,50,000/-, foreign currency and passports from the custody of the 2nd respondent. Thereafter, they dropped them at different places, namely Page No.2 of 6
Tambaram, Vandalur, Guduvanchery, Singaperumal Koil and Potheri respectively. Upon enquiry, it came to light that the 1st petitioner had played foul and had passed all the information to petitioners 2 to 10. On receipt of the complaint, the 1st respondent Police registered an FIR in Crime No.50 of 2018 for offence under Sections 341, 419 & 392 IPC. On completion of investigation, charge sheet filed before the trial Court in P.R.C.No.70 of 2025 listing LW1 to LW19 and documents. Challenging the same, the present petition is filed.
3.The case is at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
4.Today the petitioners and the 2nd respondent appeared before this Court and their identity is confirmed by Mr.M. Babukrishnan, Sub Inspector of Police attached to the 1st respondent Police Station. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The petitioners and the 2nd respondent have filed separate affidavit before this Court and also filed Joint Compromise Memo.
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5.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641- (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., is inclined to quash the proceedings in P.R.C.No.70 of 2025 on the file of the Judicial Magistrate No.I, Alandur, Chennai. 6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.70 of 2025 on the file of the Judicial Magistrate No.I, Alandur, Chennai is quashed against the petitioners. 10.04.2026 AT Page No.4 of 6
To 1.The Judicial Magistrate No.I, Alandur, Chennai. 2.The Inspector of Police, S-1, St. Thomas Mount Police Station, Chennai.
3.The Public Prosecutor, Madras High Court.
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M.NIRMAL KUMAR, J.
AT Crl.O.P.No.6875 of 2026 10.04.2026 Page No.6 of 6