Syed Abdulkadhar Ibahim (Ali) @ S A K Ibrahim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.895 of 2024 and CRL.M.P (MD) No.564 of 2024

1. Syed Abdulkadhar Ibahim (Ali) @ S.A.K.Ibrahim

2. Hasan Ibrahim

3. Syed Hanifbatcha @ Syed Hanifpasha

4. Kajiahamed @ Syed Obaithur Rehman Ibrahim

5. Syed Abuthahir Ibrahim @ Syed Abuthathir Syed Tajudin Madhani ... Petitioners Vs

1. The Inspector of Police, Thideer Nagar Police Station, Madurai District.

In Crime No.55/2019.

2. Jamaan ... Respondents 1/6

PRAYER: Criminal Original Petition filed under Section 528 of BNSS praying to call for the records of the impugned First Information Report in Crime No.55/2019 on the file of the respondent no.1 police station and quash the same as illegal as against the petitioners. For Petitioners : Mr.SMA Jinnah, For R1 : Mr.P.Kottai Chamy Government Advocate (Crl.Side) For R2 : No Appearance

O R D E R

The petitioners/accused in Crime No.55 of 2019 pending on the file of the first respondent police, have filed this application to quash the impugned proceedings which is pending against them on the ground of compromise.

2.The learned Counsel for the petitioners by referring to the compromise memo signed between the accused and the defacto complainant submits that the matter has been amicably settled between the parties. 2/6

3.In view of the said submission, this Court has already entertained this application and ordered notice to the private respondent and also directed for the appearance of the parties. The parties have also appeared before this Court. However in the present case, a reference has been made that the case in Crl.O.P(MD)No.893 of 2024 is also connected to this proceedings. Therefore, this Court directed the Registry to list this application along with Crl.O.P(MD)No.893 of 2024. 4.When this application is taken up again for hearing the learned Government Advocate (Crl.Side) submits that the investigation in Crime No.55 of 2019 was already completed in the month of February, 2019 and a final report has been filed.

He fairly submits that the final report which was filed in the year 2019 was not processed by the respondent police and therefore, it has been taken on file only on 01.08.2025 by the learned Judicial Magistrate No.V, Madurai in P.R.C.No.454 of 2025. 5.According to the learned Government Advocate (Crl.

Section 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the final report is now pending in P.R.C.No.454 of 2025. 6.Since it is reported that a final report has been filed as against the petitioners and it is also taken on file in P.R.C.No.454 of 2025, without ascertaining the final report filed by the respondent police, this Court is not inclined to proceed further with the first information report alone. 7.Thus, this criminal original petition is closed with the liberty to the petitioners to challenge the final report in the manner known to law. Consequently, the connected miscellaneous petition is also closed. 04.08.2025 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 4/6

To

1. The Inspector of Police, Thideer Nagar Police Station, Madurai District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

B.PUGALENDHI , J.

LR CRL.O.P (MD) No.895 of 2024 04.08.2025 6/6