Kokkupaseer @ Paseer Ahamed v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) Nos.11746 and 11747 of 2017 Crl.O.P.(MD) No. 11746 of 2017:- 1.Kokkupasser @ Paseer Ahamed 2.Sallai Kaja @ Kaja Najumudeen 3.Maitha Umar @ Umar Kathaf 4.Kansha Jiraj @ Sirajudeen 5.Ushman 6.Kansha Jamal @ Jamal Mohaideen.
.. Petitioners/ Accused Nos.1 to 6 -Vs1. The State through The Inspector of Police, Elayangudi Police Station, Sivagangai District.
(Crime No.184 of 2017) ... 1st Respondent/ Complainant 2.Abdul Kader Althaf ... 2nd Respondent/ De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the first information report in Crime No.184 of 2017 on the file of the Respondent No.1 Police Station and quash the same. For Petitioners : Mr.M.U.Shameem John For R1 : Mr.K.Anbarasan, Government Advocate(Crl. side) For R2 : Mr.A.Abdul Kabur Crl.O.P.(MD) No. 11747 of 2017:- 1.Umar 2.Ahamed Jalal @ Jalaudheen 3.Abdul Kather Alhab @ Althaf @ Kuppan 4.Thul Karuni Set @ Dhulkarunai 5.Syed Iburahim ... Petitioners/ Accused Nos.1 to 5 -Vs1. The State through The Inspector of Police, Elayangudi Police Station, Sivagangai District.
(Crime No.185 of 2017) ... 1st Respondent/Complainant
2.Baseer Ahamed ... 2nd Respondent/ De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the first information report in Crime No.185 of 2017 on the file of the Respondent No.1 Police station and quash the same. For Petitioners : Mr.A.Abdul Kabur For R-1 : Mr.K.Anbarasan, Government Advocate(Crl. side) For R-2 : Mr.M.U.Shameem John COMMON ORDER The Criminal Original petition in Crl.O.P.(MD)No.11746 of 2017 has been filed to quash the records in Crime No.184 of 2017 on the file of the 1st respondent police.
2.The Criminal Original petition in Crl.O.P.(MD) No.11747 of 2017 has been filed to quash the records in Crime No.185 of 2017 on the file of the 1st respondent police.
3.The petitioners in Crl.O.P.(MD) No.11746 of 2017, are accused Nos.1 to 6 in Crime No.184 of 2017, registered for the offences punishable under Sections 147, 148, 294(b), 323, 324, 355 and 506(ii) of I.P.C. The de-facto complainant in Crime No.184 of 2017 is the second accused in Crime No.185 of 2017. 4.The petitioners in Crl.O.P.(MD) No.11747 of 2017, are accused Nos.1 to 5 in Crime No.185 of 2017, registered for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506 (ii) and 379 of I.P.C.
5.It is a case of case and counter and it appears that, the parties, namely, the petitioners in both cases and the second respondents in both cases have settled their dispute amicably out of Court and they also entered into a compromise. The parties have also signed in the Joint Compromise Memos, dated 28.07.2017 in both cases, in the presence of their respective Counsel and the same were also produced before this Court, by the parties concerned. The de-facto complainants in both cases have agreed to withdraw the criminal cases in Crime Nos.184 and 185 of 2017 on the file of the first respondent police and expressed that they have no objection for quashing the criminal complaints. 6.The parties namely, the petitioners and the de-facto complainant in both cases appear before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise
Memo on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate (Criminal side) through the first respondent police. 7.Since the parties have entered into compromise and agreed that the complaints in Crime No.184 and 185 of 2017, on the file of the first respondent police, can be quashed, this Court is of the view that no useful purpose will be served by keeping these matters pending. Hence, on the basis of the compromise memos signed by the parties, the Crime Nos.184 and 185 of 2017 on the file of the first respondent police / The Inspector of Police, Elayangudi Police Station, Sivagangai District, is quashed in toto. The Joint Compromise Memo signed by the parties and produced in both cases shall form part of the order.
8. Accordingly, these Criminal Original petition are allowed. Encl: Join Compromise Memo Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The State represented by The Inspector of Police, Elayangudi Police Station, Sivagangai District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CMR/LS VB/SV/MMS/SAR2/26/09/2017/3P/3C Crl.O.P.(MD) Nos.11746 and 11747 of 2017 11.09.2017