Mohamed Anas @ Anas v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Mohamed Anas @ Anas : Petitioner Vs.

1.The State Rep. by The Inspector of Police, Bazar Police Station, Ramanathapuram District.

(Crime No.134 of 2014) 2.Kajini Mohamed : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.134 of 2014, dated 26.04.2014 on the file of the respondent police and quash the same as illegal.

For Petitioner : Mr.B.Mahendrarajan For R-1 : Mr.Sivakumar Government Advocate (Crl. Side) For R-2 : Mr.P.Muniasamy 1/5

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.134 of 2014, on the file of the respondent police, for the offences punishable under Sections 294(b), 448, 323, 324, 506(ii) and 379(NH) of IPC.

2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.V.Sasikumar, Head Constable, Bazar Police Station, Ramanathapuram District. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.134 of 2014.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.134 of 2014 on the file of the first respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, on or before 19.02.2023 and file a photocopy of the receipt along with a memo before this Court on 20.02.2023.

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6.Post the matter "for reporting compliance" on 20.02.2023. 27.01.2023 NCC: Yes/No Index : Yes/No Internet : Yes/No sji To 1.The Inspector of Police, Bazar Police Station, Ramanathapuram District.

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

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A.D.JAGADISH CHANDIRA, J.

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