Madras High CourtCRL OP(MD)/5017/2021allowed

Basheer @ Basheethu Ali v. The Sub Inspector Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.5017 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5017 of 2021 1.Basheer @ Basheethu Ali 2.Shahul @ Shadul Milhaj 3.Abul @ Abul Hashan 4.Riyasudeen @ Riyas Khan ... Petitioners/Accused No.1 to 4 Vs.

1.State rep by The Sub Inspector of Police, Thirupullani Police Station, Ramanathapuram District.

(In Crime No.101 of 2019) ... Respondent / Complainant 2.Sahubar Ali @ Sahubarli ... Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to impugned FIR in Crime No.101 of 2019 on the file of the respondent police and quash the same as against these petitioners. For Petitioners : Mr.S.A.S.Alaudeen For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.A.Mohamed Nathim for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.101 of 2019 registered on the file of the first respondent.

2.The defacto complainant/Sahubar Ali @ Sahubarli is present before this Court in person. He has been duly identified by Mr.G.Ramamoorthy, Sub Inspector of Police attached to first respondent police station. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. The parties have also filed a memo of joint compromise https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5017 of 2021 dated 25.11.2021. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Sub Inspector of Police, Thirupullani Police Station, Ramanathapuram District.

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

+1 CC to M/s.S.A.S.ALAUDEEN, Advocate (SR-37368[F] dated 06/12/2021) Crl.O.P(MD)No.5017 of 2021 06.12.2021 KM(CO) SB(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2