Madras High CourtCRL OP(MD)/2130/2021allowed

N.Sahul Hameed v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2130 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2130 of 2021 1.N.Sahul Hameed 2.N.Anish @ Anis Mohamed 3.Mydeen @ Syed Mydeen 4.Thameem Ansari @ Mohamed Thameem Ansari 5.Ashith @ Mohamed Ahisk 6.Kamaal @ Kamal 7.Karun Ashith @ Mohammed Karun Rashith 8.Mohammed Yusuf @ Mohammed Yousuf 9.Navaskhan @ Navas Khan 10.Mohamed Rafiq 11.Jalal @ Jalaludden ... Petitioners/Accused No 1 to 11 Vs.

1.State rep by The Inspector of Police, Kayathar Police Station, Thoothukudi District.

(In Crime No.120 of 2020) ...1st Respondent/Complainant 2.Kaliraj ... Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the Crime No.120 of 2020 dated 04.04.2020 for the offences under Sections 143, 294(b), 353, 332, 427, 506(i), 270 and 271 of IPC on the file of the 1st respondent police and quash the same against these petitioners as illegal.

For Petitioners : Mr.G.Anto Prince For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.Karruppiah for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.120 of 2020 registered on the file of the first respondent.

2.The defacto complainant/Kaliraj is present before this Court in person. He has been duly identified by Mr.K.Mariappan, Sub Inspector of Police attached to first respondent police station. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. The parties have also filed a memo of joint compromise dated 11.02.2020. Since the parties have https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2130 of 2021 arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Inspector of Police, Kayathar Police Station, Thoothukudi District.

2. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.G.ANTO PRINCE, Advocate ( SR-37574[F] dated 07/12/2021 ) Crl.O.P(MD)No.2130 of 2021 07.12.2021 AS(CO) KB(22.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2