A.Abdul Kader @ Chinnathambi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 4/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR a n d Crl.M.P.No.8164 of 2022 A. Abdul Kader @ Chinnathambi ...

Petitioners Vs

1. The State rep. By The Inspector of Police Karaikal Town Police Station Karaikal.

2. Sakina Sophie ...

Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to the proceedings in Crime No.44 of 2022 on the file of the first respondent and quash the same. For Petitioner ...

Mr.I. Abdul Basith For Respondents ...

Mr.V.Balamurugane Additional Public Prosecutor (Pondy) for R.1 Mr.N.A.Nissar Ahmed for R.2 Page No:1/4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings, pending in Crime No.44 of 2022, on the file of the Inspector of Police, Karaikal Town Police Station, Karaikal, for the offences punishable under Sections 323, 34, 354 D, 448 and 506 (i) of the Indian Penal Code.

2. The case of the prosecution is that the petitioner had assaulted the second respondent/defacto complainant, as a result of which the defacto complainant slipped and fell down, thereby sustained injuries. Hence a complaint has been lodged by the defacto complainant, which was registered in F.I.R.No.45 of 2022, for the offences punishable under Sections 323, 34, 354 D, 448 and 506 (i) of the Indian Penal Code.

3. Heard Mr.I.Abdul Basith, learned counsel for the petitioner, Mr.V.Balamurugane, Additional Public Prosecutor (Pondy) for the first respondent and Mr.N.A.Nissar Ahmed, learned counsel for the second respondent.

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4. Today, when the matter is taken up for hearing, petitioner and defacto complainant are present before this Court along with their respective counsel and they were identified by the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar card which are made part of the record.

5. On enquiry, they unilaterally submitted that they have settled the disputes between them and they have filed a Joint Compromise memo, dated 17/5/2022, to quash the case in Crime No.44 of 2022, pending on the file of Karaikal Town Police Station, Karaikal/first respondent.

6. A perusal of the Joint Memo of Compromise would indicate that the dispute is private in nature and both the parties have decided to bury their dispute once for all and give quietus to the issue and buy peace. Since both the sides have arrived at an amicable settlement, this Court is inclined to quash the proceedings pending in Crime No.44 of 2022, pending on the file of the first respondent.

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N. SATHISH KUMAR, J mvs.

7. Accordingly, this Criminal Original Petition is allowed and Crime No.44 of 2022, pending on the file of Karaikal Town Police Station, Karaikal, is quashed, based on the joint compromise memo filed by the parties. Joint memo of compromise shall form part of the records. Consequently, the connected Criminal Miscellaneous Petition is closed. 4/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

To

1. The Inspector of Police Karaikal Town Police Station Karaikal.

2. The Public Prosecutor High Court Madras.

Crl. O.P. No.14747 of 2022 Page No:4/4

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