Seck Abthulla @ Sheik Abdulla v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Seck Abthulla @ Shiek Abdulla 2.Asik @ Mohammed Asik 3.Repath @ Mohammed Ribath Rawuthar 4.Bagath @ Mohammed Fahed 5.Basul Raguman @ Bysal Khan 6.Navupul @ Mohammed Nowful ... Petitioners/ Accused Nos.1 to 6 Vs.

1.The Sub Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.

(Crime No.2 of 2022) ... 1st Respondent/ Complainant 2.Fajar @ Kalidhu Bajar ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the FIR in Crime No.2 of 2022 on the file of the first respondent police and to quash the same.

For Petitioners : Mr.N.Pragalathan For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) for R.1 Mr.K.Muthurakkan for R.2

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners/ Accused Nos.1 to 6 in Crime No.2 of 2022 on the file of the first respondent for the alleged offences under Sections 147, 148, 341, 294(b), 323, 324 and 506(2) IPC.

2. The case is under 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 has been signed by the petitioners and the second respondent and also by their respective counsel.

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4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.2 of 2022 pending on the file of the first respondent, 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 FIR in Crime No.2 of 2022.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.2 of 2022 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 10.03.2022 and the receipt of payment shall be produced before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

ENCL:Xerox Copy of Joint Compromise Memo To 1.The Sub Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.

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

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COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

28.02.2022 AM(CO) GC(02.03.2022) 3P 4C 3/3