Madras High CourtCRL OP(MD)/5867/2015disposed of

A. Sahul Hameed, Aged 46/2015 v. The Sub- Inspector Of Police

2015-04-07Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.5867 of 2015 and M.P.(MD)No.1 of 2015

1. A.Sahul Hameed

2. K.Hameed Sultan ... Petitioners/Accused vs.

State represented by

1. The Sub Inspector of Police, Erwadi Dhargah Police Station, Ramanathapuram District in Cr.No.4 of 2015.

...1st Respondent/Complainant

2. S.Abdul Samad ... 2nd Respondent/Defacto complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for records relating to charge sheet in S.T.C.No.35 of 2015 on the file of the Judicial Magistrate No.2, Ramanathapuram and to quash the same.

For Petitioner : Mr.R.S.Sivaram For Respondents : Mr.K.Anbarasan Government Advocate Mr.M.Suresh, for R2

ORDER

This Criminal Original Petition has been filed to call for records relating to charge sheet in S.T.C.No.35 of 2015 on the file of the Judicial Magistrate No.2, Ramanathapuram and to quash the same.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate(Crl.Side) appearing for the first respondent and the learned Counsel for the second respondent.

3. The petitioner is arrayed as an accused in S.T.C.No.35 of 2015, on the file of the Judicial Magistrate No.2, Ramanathapuram, for the alleged offence under Sections 294(b) and 506(i) I.P.C. and seeking to quash the said proceedings, the present petition has been filed.

4. When the matter is taken up for hearing, a joint memo of compromise has been filed by both parties, in which the second respondent has stated that he is not willing to proceed further in this matter. The said joint memo of complainant is taken on record.

5. This Court has also perused the nature of complaint. This Court is of the view that no useful purpose will be served by proceedings further in this matter.

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6. Accordingly, this Criminal Original Petition is allowed and the proceedings in S.T.C.No.35 of 2015, on the file of the Judicial Magistrate No.2, Ramanathapuram is quashed. Consequently the connected Miscellaneous Petition is closed. The presence of the petitioner and the second respondent is also noted.

SD/- Assistant Registrar(Per.Admn) /True copy/ Sub Assistant Registrar ssl To 1.The Judicial Magistrate NO.II, Ramanathapuram.

2. The Sub Inspector of Police, Erwadi Dhargah Police Station, Ramanathapuram District.

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

+1cc to MR.R.S.Sivaram,Advocate in Sr NO.17982 CRL.O.P.(MD)No.5867 of 2015 and M.P.(MD)No.1 of 2015 07.04.2015 rg.20.04.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/