Safiyullah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.2653 of 2018 1.Safiyullah 2.Abdul Rahuman 3.Abbash 4.Mohamadu Ali ... Petitioners/ Accused Nos.1 to 4 -Vs1. The State Rep. by The Inspector of Police, Valanadu Police Station, Trichy District.

(Crime No.118 of 2017) ... Respondent/Complainant

2. Abubakkar Sidque ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to quash the Charge Sheet in S.C.No.10 of 2018 on the file of the learned District Principal and Sessions Judge, Tiruchirappalli as against the petitioners. For Petitioners : Mr.K.Kevinkaran For 1stRespondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) For 2nd Respondent : Mr.A.Ramesh

ORDER

This Criminal Original Petition has been filed to quash the Charge Sheet in S.C.No.10 of 2018 on the file of the learned District Principal and Sessions Judge, Tiruchirappalli as against the petitioners.

2.Heard the learned counsel appearing for the petitioners, learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The petitioners are accused Nos.1 to 4 in Crime No.118 of 2017. Based on the complaint lodged by the second respondent, against the petitioners, the case was registered in Crime No.118 of 2017, on the file of the first respondent police, for the offences punishable under Sections 294(b), 427 and 506(i) IPC r/w. 3 of TNPPD Act. After filing the charge sheet, the case was taken on file in S.C.No.10 of 2018, by the learned District Principal and Sessions Judge, Tiruchirappalli.

4.It appears that on the advice of friends and elders, the parties have entered into compromise and a Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has agreed to quash the charge sheet in S.C.No.10 of 2018 on the file of the learned District Principal and Sessions Judge, Tiruchirappalli. 5.The parties have appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Government Advocate (Crl.

side) through the first respondent police. 6.Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, the charge sheet in S.C.No.10 of 2018, on the file of the learned District Principal and Sessions Judge, Tiruchirappalli, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

7.Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar Encl: Xerox copy of Joint Compromise Memo To

1. The District Principal and Sessions Judge, Tiruchirappalli

2. The Inspector of Police, Valanadu Police Station, Trichy District.

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

+2cc to Mr.K.Kevinkaran, Advocate Sr.No.49992 CP VB/KK/SAR4/07/03/2018/3P/6C Crl.O.P.(MD) No.2653 of 2018 20.02.2018