Sakina Sophie v. Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 4/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Sakina Sophie ...

Petitioners Vs

1. Union Territory of Puducherry rep by The Inspector of Police Town Police Station Karaikal Puducherry.

2. A. Abdul Kader @ Chinnathambi ...

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.45 of 2022 on the file of the Inspector of Police, Town Police Station, Karaikal and quash the same.

For Petitioner ...

Mr.N.A.Nissar Ahmed For Respondents ...

Mr.V.Balamurugane Additional Public Prosecutor (Pondy) for R.1 Mr.I.Abdul Basith for R.2.

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O R D E R

This Criminal Original Petition has been filed to quash the proceedings, pending in Crime No.45 of 2022, on the file of the Inspector of Police, Karaikal Town Police Station, Karaikal, for the offences punishable under Sections 420, 120 (B), 384 r/w. 511 of the Indian Penal Code r/w. 34 of the Indian Penal Code and 66 (D) of the Information Technology Act, 2000.

2. The case of the prosecution is that the second respondent gave a complaint against the petitioner in Crime No.45 of 2022 before the first respondent for the offences punishable under Sections 420, 120 (B), 384 r/w. 511 of the Indian Penal Code r/w. 34 of the Indian Penal Code and 66 (D) of the Information Technology Act, 2000, alleging that even though the second respondent was acquainted with the petitioner only through mobile, the petitioner had squeezed money from the second respondent.

3. Heard Mr.N.A.Nissar Ahmed, learned counsel for the petitioner, Mr.V.Balamurugane, Additional Public Prosecutor (Pondy) for the first respondent and Mr.I.Abdul Basith, learned counsel for the second respondent. Page No:2/4

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 admitted by the Police. In order to identify the respective parties, they have also produced the copies of Aadhaar card which are made part of the records.

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.45 of 2022, pending on the file of 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.45 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.45 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. 4/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

To

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

2. The Public Prosecutor High Court Madras.

Crl. O.P. No.14633 of 2022 Page No:4/4