Madras High CourtCRL OP/25397/2017allowed

Mr.A.Gowher Sheriff, v. State Rep. By,

2017-12-19Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25397 of 2017 1.A.Gowher Sheriff 2.G.Almas Sheriff 3.Rahamad Sheriff 4.Humayun Bhasha ... Petitioners Vs.

1.State rep. by Inspector of Police,(Crime) T-10, Thirumullaivayal Police Station, Ambattur, Chennai-600 053.

(Crime No.845 of 2016) 2.K.Padmavathy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the FIR registered on 04.06.2016 as Crime No.845 of 2016 pending on the file of the 1st respondent herein.

For Petitioners: Mr.M.Viveknandan For Respondent 1: Mr.C.Iyyapparaj Additional Public Prosecutor For Respondent 2: Mr.S.Vijaya Bharathi

O R D E R

The prayer sought for in the present petition is to quash the FIR registered on 04.06.2016 as Crime No.845 of 2016 pending on the file of the 1st respondent herein.

2. As per the terms of the memo of compromise dated 06.09.2017 entered between the petitioners and 2nd respondent/defacto complainant, the de-facto complainant was required to file an affidavit to quash the investigation proceedings in Crime No.845 of 2016 pending on the file of the first respondent herein.

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3. It is submitted by the learned counsel for the petitioners that the terms of the memo of compromise has been filed and accepting the same, the criminal proceedings in Crime No.845 of 2016. Further, the respondents have not disputed the memo of compromise dated 06.09.2017. In view of the fact that the suit filed by the respondents in O.S.No.466 of 2016 on the file of the District Munsif Court, Ambatore, was also withdrawn and also considering the terms of the memo of compromise dated 06.09.2017, it would be appropriate to quash the proceedings also.

4. In the above circumstances, the proceedings in Crime No.845 of 2016 on the file of the first respondent herein is quashed. The Criminal Original Petition stands allowed. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar nmm To 1.The Inspector of Police,(Crime) T-10, Thirumullaivayal Police Station, Ambattur, Chennai-600 053.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Vivekanadan, Advocate SR.No.90797 +1cc to Mr.S.Vijaya Bharath, Advocate SR.No.91306 Crl.O.P.No.25397 of 2017 GN(27/02/2018) https://hcservices.ecourts.gov.in/hcservices/