Raja Hussain @ Ottubeedi Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Raja Hussain @ Ottubeedi Raja 2.Shaibullah Khan ... Petitioners Vs.

1.The Inspector of Police, Vilakkuthoon Police Station, Madurai City, Madurai.

(In Crime No.1004 of 2018)

2. Hakkim Raja ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the case in S.T.C.No.7542 of 2020 on the file of the Judicial Magistrate No.1, Madurai in Crime No.1004 of 2018 on the file of the 1st Respondent against the Petitioners and QUASH the same.

For Petitioners : Mr.A.Sheik Nasurdeen For R1 : Mr.S.Manikandan Government Advocate (Crl.Side) For R2 : Mr.R.Sivakumar Government Advocate (Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in S.T.C.No.7542 of 2020 on the file of the learned Judicial Magistrate No.1, Madurai.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.1004 of 2018 for the offences punishable under Sections 323 and 324 IPC against the petitioners. It appears that there is a small issue between the parties. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the 2/5

Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 03.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in S.T.C.No.7542 of 2020 pending on the file of the learned Judicial Magistrate No.1, Madurai. in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.T.C.No.7542 of 2020 pending on the file of the learned Judicial Magistrate No.1, Madurai is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 03.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp 3/5

To

1. The Inspector of Police, Vilakkuthoon Police Station, Madurai City, Madurai.

(In Crime No.1004 of 2018) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J trp Order made in Dated: 03.04.2023 5/5