Nijamuhaideen, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.17041 of 2017 Nijamuhaideen : Petitioner/ Accused No.1 -Vs1. State represented through The Inspector of Police, Aranthangi Police Station, Pudukottai.

: 1st Respondent / Complainant

2. S.Akbar Ali : 2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to call for the records of First Information Report in Crime No.615 of 2017, on the file of the Respondent No.1 police station and quash the same as illegal. For Petitioner : Mr.S.M.A.Jinnah For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.M.Kaushikan

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the case in Crime No.615 of 2017 on the file of the first respondent police and quash the same against the petitioner.

2.Heard the learned Counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.

3.It is stated that based on the complaint lodged by the second respondent a case was registered in Crime No.615 of 2017 as against the petitioner and others for the alleged offences punishable under Sections 147, 448, 294(b) and 506(ii) of I.P.C. https://hcservices.ecourts.gov.in/hcservices/ 4.It is stated that after registration of the complaint, the petitioner and the second respondent have settled their dispute

amicably out of Court, at the intervention of elders and relatives. It is stated that the parties have also entered into a Compromise. A Joint Compromise Memo dated 30.11.2017, signed by the petitioner and the second respondent in the presence of their respective Counsels, is also produced before this Court. As per the Joint Compromise Memo, the parties agreed to close the complaint in Crime No.165 of 2017 on the file of the first respondent.

5.Today, the parties appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Additional Public Prosecutor through the first respondent police. 6.In view of the specific terms of the Joint Compromise Memo, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence the First Information Report in Crime No.615 of 2017 on the file of the first respondent police, namely, the Inspector of Police, Aranthangi Police Station, Pudukkottai, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order. 7.Accordingly, the Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, Aranthangi Police Station, Pudukottai.

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

+ 1 CC TO Mr.S.M.A.JINNAH, ADVOCATE IN SR No. 92761 SRM TE/MR/SAR-1 : 24/01/2018 : 2P/4C CRL.O.P.(MD) No.17041 of 2017 12.12.2017 https://hcservices.ecourts.gov.in/hcservices/