Jahir Hussain v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2024
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)Nos.2482 and 2505 of 2024 Crl.O.P.(MD)No.2482 of 2024:- 1.Jahir Hussain 2.Suberiya Banu 3.Syed Sulthan 4.Anandi
...Petitioners
vs 1.The Inspector of Police, 2.Sheik Abdulla
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records pertaining to the First Information Report in Cr.No.635 of 2021 pending before the first Respondent Police and to quash the same.
For Petitioners : Ms.S.Thoppammal For R1 : Mr.B.Thanga Aravindh Government Advocate (crl.side) For R2 :Ms.Syed Ali Fathima 1/6
Crl.O.P.(MD)No.2505 of 2024:- 1.Sheik Abdulla 2.Sheik Mydeen 3.Nathiya Banu 4.Sulthaniya
...Petitioners
vs 1.The Inspector of Police, (Cr.No.636 of 2021) 2.Syed Sulthan
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records pertaining to the C.C.No.85 of 2024 is pending before the learned Judicial Magistrate No.I, Madurai and to quash the same.
For Petitioners : Ms.Syed Ali Fathima For R1 : Mr.B.Thanga Aravindh Government Advocate (crl.side) For R2 :Ms.S.Thoppammal **** 2/6
COMMON ORDER Crl.O.P.(MD)No.2482 of 2024 had been filed by the Petitioners to quash the impugned FIR in Cr.No.635 of 2021 on the file of the first Respondent.
2.Crl.O.P.(MD)No.2505 of 2024 had been filed by the Petitioners to quash the charge sheet in C.C.No.85 of 2024 on the file of the learned Judicial Magistrate No.I, Madurai.
3.Ms.S.Thoppammal, learned Counsel [Enrl.No.2863/2016], who had filed vakalat on behalf of the Petitioners/Accused in Crl.O.P.(MD)No.2482 of 2024 and the second Respondent in Crl.O.P.(MD)No.2505 of 2024, Mr.M.Veeranthiran, learned Government Advocate (Crl.side) appearing on behalf of the first Respondent in both cases and Ms.Syed Ali Fathima, learned Counsel (Enrl.No.7845/2023], who had filed vakalat on behalf of the Petitioners/Accused in Crl.O.P.(MD)No.2505 of 2024 and the second Respondent in Crl.O.P.(MD)No.2482 of 2024 are present in Court. 3/6
4.Crl.O.P.(MD) No.2505 of 2024 had been filed by the accused in C.C.No.85 of 2024 pending on the file of the learned Judicial Magistrate, No.I, Madurai. The accused had entered into compromise with the de-facto Complainant/the second Respondent herein. Crl.O.P.(MD) No.2482 of 2024 had filed by the accused in Crime No.635 of 2021 pending on the file of the Inspector of Police, Theppakulam Police Station, Madurai District. The defacto Complainant in Crl.O.P.(MD) No.2482 of 2024 had engaged a Counsel and had filed joint memo of compromise. The de-facto Complainant in Crime No.635 of 2021 is the accused in CC.No.85 of 2024. The de-facto Complainant in Crl.O.P.(MD) No.2505 of 2024 is the son of the first accused in Crime No.635 of 2021. Both the parties had compromised the matter and had filed joint memo of compromise through their Counsel.
5.The learned Government Advocate (Crl.side), on instructions from the first Respondent submitted that both parties had preferred a statement before the first Respondent that they wanted to give a quietus to the criminal cases pending against each other. The learned Government Advocate (Crl.side) also furnished the status report filed by the first Respondent. 4/6
Recording the status report filed by the first Respondent as well as the compromise memos filed by the parties concerned, these Criminal Original Petitions are allowed and the FIR in Cr.Nos.635 of 2021 pending on the file of the first Respondent and the charge sheet in C.C.No.85 of 2024 pending on the file of the learned Judicial Magistrate No.I, Madurai, are quashed. Internet :Yes/No 28.02.2024 Index :Yes/No NCC :Yes/No cmr To 1.The Judicial Magistrate No.I, Madurai.
2.The Inspector of Police, 5/6
SATHI KUMAR SUKUMARA KURUP , J.
cmr CRL.O.P(MD)Nos.2482 and 2505 of 2024 28.02.2024 6/6