Mahadum Sheik v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.6.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)Nos.11273 and 11296 of 2015 In Crl.O.P.(MD) No.11273 of 2015:

1.Mahadum Sheik 2.Khadar Mohaideen alias Khan 3.Nagoor Hanifa 4.Azar 5.Siddiq 6.Ajees 7.Naveen 8.Senthil ... Petitioners/A1 to A8 Vs.

1.State of Tamil Nadu Rep. By the Deputy Superintendent of Police, Manamadurai Taluk,Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Manamadurai, (Crime No.297 of 2015)

...Respondents 1 & 2/Complainants

3.Pandi ..3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records in FIR in Crime No.297 of 2015 on the file of the second respondent and quash the same and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioners : Mr.Karthick Subramanian For R1 & R2 : Mrs.S.Prabha Govt. Advocate (Crl.side) For R3 : Mr.M.Silambarasan In Crl.O.P.(MD) No.11296 of 2015:

1.Pandi 2.Gunasekaran 3.Rajakumar 4.Kamalakannan 5.Shanthakumar 6.Mathavan 7.Sabarimuthu 8.Maya 9.Premkumar

10.Arul 11.Kannan 12.Karuppu 13.Marimuthu 14.Kaleeshwari 15.Samayan ... Petitioners/A1 to A15 Vs.

1.State Rep. By the Inspector of Police, Manamadurai Police Station, Manamadurai, (Crime No.298 of 2015) ... First Respondent/Complainant 2.Mahadum Shara ... Second Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records in FIR in Crime No.298 of 2015 on the file of the First respondent and quash the same and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioners : Mr.Silambanan For R1 : Mrs.S.Prabha Govt. Advocate (Crl.side) For R2 : Mr.Karthick Subramanian C O M M O N O R D E R The Criminal Original petitions have been filed under Section 482 of Cr.P.C seeking to call for the records connected with the cases in Crime Nos. 297 and 298 of 2015 on the file of the respondent police and quash the same.

2.Heard the learned counsel for the parties and the learned Government Advocate (Crl.side) appearing for the State. 3.The case in Crime No.297 of 2015 was registered for the alleged offences under Sections 147, 148, 341, 294(b), 506(ii) IPC and Section 3(1)(r) of SC/ST (POA) Amendment Ordinance Act, 2014 and the counter case in Crime No.298 of 2015 was registered for the alleged offences under Sections 147, 148, 294(b), 323, 324, 448, 506(ii) IPC and 3(1) of PPDL Act. Today, the compromise memos, dated 18.06.2015 duly signed by the parties and attested by both counsel, have been filed, wherein it has been stated that FIRs can be quashed. This Court has perused the compromise memos. 4.Considering the submissions made and after going through the relevant documents including the offence alleged against the petitioners, this Court is inclined to quash the proceedings as no useful purpose would be served by keeping the FIRs any longer. Accordingly, the First Information Reports pertaining to the cases in Crime Nos.297 and 298 of 2015 on the file of the respondent

police, are quashed. The compromise memos shall form part of record. The petitions are ordered.

SD ASST REGISTRAR WRITS TRUE COPY SUB ASST REGISTRAR ses To 1.The Deputy Superintendent of Police,Manamadurai Taluk,Sivagangai District.

2.The Inspector of Police,Manamadurai Police Station,Manamadurai, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC MR.KARTHICK ADV SR: 32525 DM 29 JUNE 15 CRL.O.P.Nos.11273 and 11296 of 2015 19.06.2015 3P:5C