Asan Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) Nos.19907 and 19967 of 2015

1. Asan Ali

2. Sheik Alavuedeen

3. Mangalam @ Sahul Hameed

4. Syed Ibrahim

5. Niyas Khan

6. Nawab Mirsha

7. Asker

8. Syed Shaik Alavudeen ... Petitioners/A1 to A8 in Crl.O.P.(MD)19907/2015

1. Bairoos Khan

2. Asan Ali

3. Sheik Alavudeen

4. Mangalam @ Sahul Hameed

5. Syed Ibrahim

6. Niyas Khan ... Petitioners/A1 to A6 in Crl.O.P.(MD)19967/2015 Vs.

1. The State Represented by The Inspector of Police, Thirupullani Police Station, Ramanathapuram, Ramanathapuram District.

(Crime Nos.20 & 15/2015)

2. Jalal Meera Hamam ... Common Respondents in both cases Common Prayer: Petitions filed under Section 482 of Code of Criminal Procedure to call for the records relating to the FIR in Crime Nos.20 & 15 of 2015 respectively on the file of the 1st respondent police and quash the same, as the matter is amicably settled between the parties. For Petitioners : Mr.J.Sulthan Basha For M/s.Ajmal Associates For R1 : Mrs.S.Prabha Govt. Advocate (Crl.Side) For R2 : Mr.M.Mohammed Raji ****** C O M M O N O R D E R These petitions have been filed seeking to quash the cases registered in Crime Nos.20 & 15 of 2015 respectively on the file of the 1st respondent police, pursuant to amicable settlement effected between the parties.

2. It is seen that a case in Crime No.20 of 2015 for the alleged offences under Sections 147, 294(b), 506(i) and 342 IPC, has been registered against the petitioners / Accused in Crl.O.P.(MD)19907/2015 and in respect of Crime No.15 of 2015, a case has been registered for the offences under Sections 147, 435 and 506(ii) IPC r/w Section 30 of the TNPPDL Act.

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3. When these matters are taken up for hearing, the petitioners/Accused and the second respondent in both cases, appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the parties by the Government Advocate (Crl.Side) through the respondent Police.

4. The counsel appearing on either side filed two separate memos of compromise duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to withdraw the above cases in Crime Nos.20 and 15 of 2015 pending on the file of the first respondent respectively.

5. It is represented by the learned counsel for the petitioners / accused that one Niyas Khan (*A5 in Crl.O.P.(MD)19907/2015 & *A6 in Crl.O.P. (MD) 19967/2015) has been detained under the Act 14 of 1982 and the 2nd respondent has also given his no objection in quashing the cases against him also, which is also endorsed by the 2nd respondent in person.

6. Considering the nature of allegations and also considering the memos of compromise, this Court is of the opinion that no useful purpose would be served in keeping these matters pending. Therefore, the entire proceedings in Crime Nos.20 and 15 of 2015 on the file of the first respondent in respect of the petitioners / accused alone, are hereby quashed.

Accordingly, these Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties. The joint compromise memos shall form part of this common order. Sd/- Assistant Registrar(W) *In Corporated as per order dated 19.11.2015 made in Crl.O.P(MD) 19967/2015 /True Copy/ Sub Assistant Registrar (Compromise memo vide separate sheet) To:

*To be substitute to the order already despatched on 06.11.2015

1. The Inspector of Police, Thirupullani Police Station, Ramanathapuram, Ramanathapuram District.

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

+2cc to M/S.Ajmal Associates, Advocate in SR.No. 66546 & 66546 TS/05.11.2015/2P-5C/AN-MP/SAR II GJM/NGm.SS.30.11.2015-2P-5C Crl.O.P.(MD)Nos.19907 and 19967 of 2015 04.11.2015 https://hcservices.ecourts.gov.in/hcservices/