S.Sagubar Sadiq v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9682 of 2022 S.Sagubar Sadiq

...Petitioner / Sole Accused

-Vs1. The Inspector of Police, F2 Egmore Police Station, Chennai.

2.Feroz Khan ..Respondents / Complainant / Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to call for the records in Crime No.120 of 2022 on the file of the 1st respondent and quash the same.

For Petitioner :

Mr.V.Karnan For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1.

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.120 of 2022 on the file of the 1st respondent and quash the same.

2.The case is under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.The affidavit of the 2nd respondent/defacto complainant has been filed before this Court, which has been signed by the 2nd respondent/defacto complainant and both the parties are present before this Court and they were identified by their respective counsel. This Court also enquired both the parties and satisfied that the parties have come to an amicable

settlement between themselves. The affidavit of the 2nd respondent/defacto complainant dated 04.04.2022 is extracted hereunder:- ''1.I submit that I am the 2nd respondent herein as such I am such well acquainted with the facts of the case.

2.I submit that the case of the prosecution was that my daughter now aged 9 years old and studying 4th standard, she is tuition classes conducted by the wife of the petitioner, the petitioner being the husband of the teacher, he alleged to poke the child with the pencil in the left hand of the child, on knowing the incident I questioned the petitioner, the petitioner alleged to abuse and try to assault me, based on the complaint given by me and the 1st respondent registered the above case in crime no.121/2021 for the offences under section 294 (b), 324 of IPC and section 75 of Juvenile Justice Care and Protection act.

3.I submit that the true fact was that the child and other children in the tuition were poking with pencil with each other and played. It was advised by the petitioner's wife not to poke with each other by using pencils. On seeking the poking marks, I along with my family members went to the petitioner's home and started quarreling. We questioned the petitioner and also there was wordy quarrel. Based on the complaint given by the petitioner, a case in crime no.121/2022 was registered as against them for the offence under section 147, 294 (B), 323, 506 (ii) of IPC.

4.I submit that I and the petitioner belonged to the same locality after the registration of the above case a mediation was held, in which I and the petitioner came to understand that my family without verifying the true facts and emotionally upset and in the spur of the moment the above incident was happened, the petitioner also exchanged his feelings. Further, both the families decided to settle the above case amicably in the interest of welfare of their friendship and therefore the parties agreed to withdraw the above cases by filing quash petition before this Hon'ble Court with appropriate compromise affidavits in support of the same.

5.I submit that pursuant to the above compromise I undertake to file a supporting affidavit to quash the above case and thereby I am filing this affidavit with full conscious and on my own will.

6.I submit that I will be greatly prejudiced if the case in Crime No.120/2022 on the file of the 1st respondent is not quashed."

4. Under such circumstances, no useful purpose will be served in keeping the proceedings in Crime No.120 of 2022 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 Gujrat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quash the proceedings in Crime No.120 of 2022.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime.No.120 of 2022 on the file of the 1st respondent police, is quashed and the affidavit of the 2nd respondent/defacto complainant shall form part and parcel of this order.

(*)Herein enclosed the xerox copy of the Affidavit of the 2nd Respondent.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar jas/tsh To

1. The Inspector of Police, F2 Egmore Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9682 of 2022 BR[co] NSK 10/05/2022