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Madras High CourtCRL OP/4821/2018allowed

Tajudeen, Aged 50 Years, v. State Rep. By

2018-02-27Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No. 4821 of 2018 1.Tajudeen 2.Jareena 3.Parveen Taj 4.Munawar Sheriff 5.samiullah Khan ..Petitioners/Accused 2 to 6 Vs

1. The State rep. by The Inspector of Police, District Crime Branch, Krishnagiri.

(Crime No.03/2009) 2.Mohamed Rafi ..Respondents/Complainant & Decree Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C. No.80/2016 on the file of Judicial Magistrate No.2, Krishnagiri in Crime No.3 /2009 on the file of the 1st respondent herein, accept the compromise arrived at between the petitioners/accused and the 2nd respondent/de-facto complainant and quash the same. For Petitioners : Mr.N.Mohideen Basha For Respondents : Mrs. Kritika Kamal.P Government Advocate (Crl.Side) - R1 : Mr. R.Thirumalai - for R2

O R D E R

The prayer sought for in the present petition is to call for the records in C.C. No.80/2016 on the file of Judicial Magistrate No.2, Krishnagiri in Crime No.3 /2009 on the file of the 1st respondent herein, accept the compromise arrived at between the petitioners/accused and the 2nd respondent/de-facto complainant and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the 2nd respondent/defacto complainant have amicably resolved the dispute among themselves and accordingly, they have entered into a compromise and filed a https://hcservices.ecourts.gov.in/hcservices/

Memorandum of Compromise dated 27.12.2017.

3. In order to identify, the petitioners and the de-facto complainant have submitted their photo copy of Aadhar Cards viz., 1. Tajudeen -927562453766, 2.Jareena - 799695059839, 3. Parveen Taj - 656717934344, 4. Munawar Sheriff - 755637400385, 5.Samiullah Khan - 289914437551 and 6.Mohamed Rafi - 427957692746 and after verification of the originals, the same are recorded.

4. The defacto complainant as well as the petitioners are personally present before this Court and also have been identified. The Joint Memo of Compromise dated 27.02.2018 is also filed to the effect that the defacto complainant has no objection, if the present Criminal Original Petition is allowed.

5. Recording the same, the proceedings in FIR in Crime No. 3 of 2009 on the file of the first respondent police is quashed. The Criminal Original Petition is allowed.

6. The Joint Memo of Compromise dated 27.02.2018 shall form part of the order.

Xerox Copy of Memo of Compromise Attached Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar ak To 1.The Judicial Magistrate No.2, Krishnagiri.

2. The Inspector of Police, District Crime Branch, Krishnagiri.

3.The Public Prosecutor, High Court, Madras.

+5cc to Mr.N.Mohideen, Advocate SR.No.14964 Crl.O.P.No.4821 of 2018 KJ(CO) GN(15/03/2018) https://hcservices.ecourts.gov.in/hcservices/