Saleem Khan @ Saleemkan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20710 of 2023 1.Saleem Khan @ Saleemkan 2.Zaheer Hussain @ Jahir Ushain 3.Thameem Ansari @ Dhameem Ansari 4.Asiq Hameed @ Ashik 5.Nasar Basha @ Nasar 6.Sindhamathar @ Jinthamathar 7.Sadham Hussain @ Sadham 8.Thameemul Ansari @ Ansari 9.Jamal 10.Yakoob @ Yagoop 11.Muthu Mohammed @ Mathina Rasool 12.Sheik Mansoor @ Mansoor 13.Abbas Ali @ Abbash 14.Shahul Hameed @ Muttai Saghul 15.Haji Ahamed Mustafa @ Haji 16.Shaik Abubakar 17.Abipulla @ Abibullah 18.Basheer Ahamed @ Bhasheer Ahamad Petitioners vs.
1.The State of Tamil Nadu, Inspector of Police, B-1 North Police Station, Chennai.
2.Mr.Mohammed Meeran Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to F.I.R. No.922 of 2021 on the file of the 1st respondent police and quash the same. For Petitioners : M/s. H.Thameen Ansari For Respondent :Mr. A. Gopinath, Govt. Advocate (Crl. Side) -R1
ORDER
The Criminal Original Petition has been filed to quash the FIR in Crime No. 922 of 2021, pending on the file of the 1st respondent.
2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. The Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the defacto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.V.Chandra sekar, SSI, B-1 North Beach Police Station, Flower Bazaar, Chennai. In the joint compromise memo, it has been stated that the petitioners and the second respondent had entered into a
compromise and amicably settled their issues in Crime No.922 of 2021. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641- (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.922 of 2021, on the file of the 1st respondent Police.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.922 of 2021, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.
Each petitioner shall pay a sum of Rs.500/- (Rupees five hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Salem (Indian Overseas Bank, District Court Branch, Salem 7, A/c No.178001000000397 , IFSC Code:IOBA0001780) within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
6.
Post this case under the caption for reporting compliance on 21.09.2023.
07.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka/dpa To 1.The State of Tamil Nadu, Inspector of Police, B-1 North Police Station, Chennai.
2.The Public Prosecutor, High Court, Madras
N. ANAND VENKATESH, J.
rka/dpa Crl.O.P No.20710 of 2023 07.09.2023