Rafeek Khan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL 1.Rafeek Khan 2.Sulaiman 3.Mohammed Seyad @ Siyadhu ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by, The Inspector of Police, Colachel Police Station, Kanniyakumari District.

Crime No.435 of 2014.

2.Nizar ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to call for the records relating to the impugned charge sheet in S.C.No.139 of 2024 on the file of the Sub Court at Eranieal and quash the same in so far as the petitioners concerned.

For Petitioners : Mr.R.Sunil Kumar 1/5

For R-1 : Mr.M.Sakthi Kumar Government Advocate

ORDER

This petition has been filed by the petitioners to call for the records pertaining to the S.C.No.139 of 2024 on the file of the Sub Court at Eranieal and quash the same.

2. According to the petitioners, the petitioners herein have damaged the the Name Board and Flag of the party. Based on the complaint given by the second respondent/defacto complainant, the police has registered FIR in Crime No.435 of 2014. After investigation filed Final Report and the Trial Court has taken cognizance for the offences under Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.

3. When the matter was taken up for hearing, the learned Counsel on both sides represented that during pendency of the case in S.C.No.139 of 2024, the matter has been amicably settled between the parties and they have entered into a compromise and the same was filed before this Court. 2/5

4. Today, the defacto-complainant and all the accused are present and the defacto-complainant represented that they entered into a compromise. A compromise memo, dated 03.02.2025 signed by the parties, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences, the relationship between the parties and they have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise, this petition is allowed and S.C.No. 139 of 2024 on the file of the Assistant Sessions Court, Sub Court at Eranieal is quashed. The compromise memo, dated 03.02.2025 filed by the parties shall form part of this order.

07.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Inspector of Police, Colachel Police Station, Kanniyakumari District.

2.The Sub Court, Eranieal.

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

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P.DHANABAL, J.

BTR 07.02.2025 5/5