Moideen Ibrahim v. The Inspector Of Police
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Moideen Ibrahim ... Petitioner/Sole Accused Vs.
1.State represented through, The Inspector of Police, SS Colony Police Station, Madurai District.
(Crime No.197 of 2022) ... 1st Respondent/Complainant 2.Ameer Abbas ... 2nd Respondent/Defacto complainant 3.State represented through, The Inspector of All Women Police, South Police Station, ... 3rd Respondent (R - 3 impleaded vide order dated 17.03.2022 in Crl.M.P(MD)No.2997 of 2022) Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.197 of 2022 on the file of the first respondent and quash the same.
For Petitioner : Mr.S.Manoj Kumar For RR 1 & 3 : Mr.R.M.Anbunithi Additional Public Prosecutor For R - 2 : Mr.S.M.A.Jinnah
ORDER
The Criminal Original Petition has been filed to quash the FIR as against the petitioner/Sole Accused in Crime No.197 of 2022 on the file of the first respondent for the alleged offences under Sections 7 and 8 of Protection of Child from Sexual Offences Act, 2012 and 506(1) of I.P.C.
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.
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3. A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.197 of 2022 on the file of the first respondent, which has been subsequently transferred to the file of the third 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.197 of 2022.
5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 197 of 2022 on the file of the first respondent, which has been subsequently transferred to the file of the third respondent, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner 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 25.03.2022 and the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court.
Sd/- Assistant Registrar (CRL. SIDE) // True Copy // / /2022 Sub Assistant Registrar 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 COMPROMISE MEMO To 1.The Inspector of Police, SS Colony Police Station, Madurai District.
2.The Inspector of All Women Police, South Police Station, 2/3
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,
4. The District Siddha Medical Officer, CCRI, Periyakulam, Theni District.
Order made in Crl.O.P(MD)No.3456 of 2022 17.03.2022 PS MS/18.03.2022/3P.5C 3/3