Sahul Hameed @ Anthaman Sahul v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Sahul Hameed @ Anthaman Sahul 2.Naseer 3.Amanullah Haji 4.Rajesh Kannan 5.Balasubramaniam ...Petitioners/Accused Nos.1 to 5 Vs.

1.State represented by Sub-Inspector of Police, S.S colony Police Station, Madurai city, Madurai.

(In Crime No.142 of 2020) ...1st Respondent/Complainant 2.Rajangam ...2nd Respondent/De-facto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.784 of 2022 on the file of Judicial Magistrate No.V, Madurai dated 23.05.2022 and quash the same as illegal and violation of law.

For Petitioners : Mr.Sethu Surendhar.G For R1 : Mr.S.Manikandan Government Advocate(Crl.Side) For R2 : Mr.S.Veluchamy 1/5

O R D E R

This petition has been filed seeking to quash the impugned charge sheet in C.C.No.784 of 2022 on the file of Judicial Magistrate No.V, Madurai. 2.The contention of the petitioners is that based on the complaint lodged before the 1st respondent, the First Information Report has been registered in Crime No.142 of 2020 on the file of the first respondent for the offences punishable under Sections 147, 294(b), 323 IPC against the accused. After completion of investigation, charge sheet has been filed in C.C.No.784 of 2022 on the file of Judicial Magistrate No.V, Madurai. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the Government Advocate and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of 2/5

compromise. Hence, the Compromise Memo is recorded. 5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 31.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.784 of 2022 on the file of Judicial Magistrate No.V, Madurai in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the charge sheet in C.C.No.784 of 2022 on the file of Judicial Magistrate No.V, Madurai is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this common order.

06.04.2023 Index : Yes/No Internet:Yes/No tta/CM 3/5

To 1.The Sub-Inspector of Police, S.S colony Police Station, Madurai city, Madurai.

(In Crime No.142 of 2020)

2. The Judicial Magistrate No.V, Madurai.

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

4/5

G.ILANGOVAN, J., tta Crl.O.P.(MD)Nos.4766 of 2023 06.04.2023 5/5