Madras High CourtCRL OP/9141/2023allowed

Saleem Ahmed v. The Inspector Of Police ( Crime)

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.Saleem Ahamed 2.K.Nazeer ...

Petitioners /vs/ 1.The Inspector of Police (Crime) D2 Anna Salai Police Station, Anna Salai, Chennai - 600 002.

2.Najimudeen ...

Respondents PRAYER : The Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records in Crime No.261 of 2022 on the file of the Inspector of Police, D2 Anna Salai Police Station and quash the same. For Petitioners ... Mr.P.Solomon Francis For Respondent ... Mr.S.Udaya Kumar No.1 Govt.Advocate (Crl.side)

ORDER

Petition to quash an FIR registered in Crime No.261 of 2022 on 01.10.2022.

2.The learned counsel appearing for the petitioners submitted that the defacto complainant partner of the petitioner had settled their dispute and given a letter to the Investigation Officer to withdraw the complaint pursuant to the compromise entered into at Chennai on 17.12.2022 following the order of this Court in Crl.O.P.Nos.25226 and 24728 of 2022, the said letter dated 24.01.2023 not acted upon and hence, the present petition for quash.

3.Heard the learned Govt.Advocate (Crl.side) appearing for the first respondent.

4.A perusal of the compromise indicates that the defacto complainant along with the petitioner on 17.12.2022 two and half months after the complaint had amicably settled their financial dispute and also given a letter dated 24.01.2023 to the Inspector of Police (Crime) for withdrawal of the complaint. It is also stated that the complainant Mr.Najimudeen died on 07.05.2023 at Chennai and death certificate is also circulated.

5.In the light of the above fact, nothing survives in the complaint. Hence, the complaint is hereby quashed. Accordingly, the criminal original petition is allowed.

Index : Yes/No 18.10.2023 Internet : Yes/No sms To 1.The Inspector of Police (Crime) D2 Anna Salai Police Station, Anna Salai, Chennai - 600 002.

2.The Public Prosecutor, High Court, Madras.

G.JAYACHANDRAN,J.

sms 18.10.2023