← Library
Madras High CourtCRL OP/24262/2016allowed

Khader @ Abdul Khader v. The Inspector Of Police

2016-11-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRDAS

DATE: 04..11.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition No.24262 of 2016 and Crl.M.P.No.11564 of 2016 1.Khader @ Abdul Khader 2.A.K.Abid 3.B.Salman 4.Bilal @ K.Mohammed Bilal ... Petitioners -Versus1.The Inspector of Police, Arcot Town Police Station, Arcot, Vellore District.

2.Wajhuddin @ Mohammed Wajhuddin ... Respondents Prayer: This petition is filed under Section 482 Cr.P.C. praying to call for the records relating to the case in Crime (FIR) No.47 of 2016 on the file of the 1st respondent police and to quash the above said case.

For Petitioners : Mr.D.Balaji For Respondents : Mr.C.Emalias, APP for R1

ORDER

On the complaint lodged by the 2nd respondent, the 1st respondent police have registered a case in Crime No.47 of 2010 on 31.01.2016 for offences under Sections 294(b), 323, 427, 506(i) of IPC against four accused, who are petitioners herein. Seeking to quash the said case, the present petition has been filed on the ground that the petitioners and the de facto complainant have arrived at a compromise among themselves.

3. Heard both sides and perused the records carefully.

4. Today, Mr.P.Ravichandran, Special Sub Inspector of Police, Arcot Town Police Station, Vellore District, is present. The petitioners/A1 to A4 and the 2nd respondent/de facto complainant are also present and they have been identified by the Special Sub Inspector of Police. The https://hcservices.ecourts.gov.in/hcservices/

petitioners and the de facto complainant have filed a joint compromise memo wherein in para 2 and 3 it is stated as follows:- "2. The petitioners/Accused and the 2nd respondent / de facto complainant submit that both have agreed not to disturb and foist a false complaint against each other in future. ...

...

...

...

...

...

...

...

...

... ...

3. The petitioners/Accused and the 2nd respondent / de facto complainant have voluntarily come forward and file this joint compromise memo without any coercion or undue influence. ....."

5. Recording the above, the criminal original petition is allowed and the case in Crime No.47 of 2016 on the file of the Inspector of Police, Arcot Town Police Station, Vellore District, is quashed. Consequently, connected MP is closed. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar kmk TO 1.The Inspector of Police, Arcot Town Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras 1 cc to M/s. D. Balaji, Advocate, Sr. 63483 Crl.O.P.No.24262 of 2016 RP (CO) kk 2/12 https://hcservices.ecourts.gov.in/hcservices/