Ziaul Hug v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH CRL.O.P.NO.28112 OF 2019

1. Ziaul Hug

2. Aayisha Mariyam

3. Sathish

4. Mumtaj

5. Appas

...Petitioners

Vs

1. State rep by its The Inspector of Police, B-1, North Beach Police Station, (Cr.No.517 of 2015)

2. Mohamed Feroze

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records and quash the FIR No.517 of 2015 on the file of Inspector of Police, B-1, North Beach Police Station, Chennai.

For Petitioners : Mr.S.Diwakar For Respondents : Mrs.V.Saratha Devi Government Advocate (Crl. Side) for R1 Mr.A.Selvendran for R2

O R D E R

This Criminal Original Petition is filed to call for the records and quash the FIR No.517 of 2015 on the file of Inspector of Police, B-1, North Beach Police Station, Chennai.

2. It is stated by the learned counsel for the petitioners that pending the criminal complaint against the petitioners herein, the parties have amicably resolved the disputes among themselves and the 2nd respondent herein had also filed an affidavit to that effect.

3. Both the de-facto complainant and the petitioners are present before this Court today. In order to identify the respective parties, they have also submitted the photo copies of their Aadhar Cards and the same has been made part of the record.

4. Recording the statements made in the affidavit filed by the 2nd respondent, the proceedings in Crime.No.517 of 2015, pending on the file of the 1st respondent herein, is quashed.

5. The Criminal Original Petition stands allowed accordingly.

22.10.2019 hvk/jas FOR BEING MENTIONED This matter having been listed under the caption for being mentioned on 07.03.2022 persuant to the order of this Court dated 22.10.2019 and made herein the presence of Mr.S.Diwakar, Advocate for the petitioners and of Mr.A.Selvendran for second respondent and of Mr.Veda Bagath Singh, Special Government Pleader for first respondent, this Court made the following order:- Today, the matter is listed under the caption "for being mentioned".

2. By an earlier order dated 22.10.2019, this Court had quashed the complaint in FIR.No.517 of 2015, on the ground that the parties have resolved the dispute among themselves.

3. The learned counsel for the de-facto complainant submitted that they intend to seek for a direction for return of the jewels that was seized by the respondent police at the time of investigation.

4. In view of the earlier order of this Court dated 22.10.2019 quashing the FIR, there cannot be any impediment for the de-facto complainant to file an application seeking for return of the jewels. In case such an application is filed before the concerned Court, the learned Magistrate shall entertain such an application and pass appropriate orders in accordance with law.

Sd/- Assistant Registrar(CCC) Dated : 11/03/2022 //True Copy// Sub Assistant Registrar hvk To * To be substituted

1. The Inspector of Police, for the order already B-1, North Beach Police Station, despatched on 17/12/2019 Chennai.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.28112 of 2019 SRA(CO) RLP(14/03/2022)