Madras High CourtCRL OP(MD)/18536/2021allowed

Sahubar Ali @ Sahubarli v. The Sub Inspector Of Police

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

Crl.O.P(MD)No.18536 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.18536 of 2021 Sahubar Ali @ Sahubarli ... Petitioner Vs.

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

(In Crime No.100 of 2019) ... Respondent/Complainant

2. Saima Beevi ... 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.100 of 2019 on the file of the respondent police and quash the same as illegal as against this petitioner. For Petitioner : Mr.A.Mohamed Nathim For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.S.A.S.Alaudeen for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.100 of 2019 registered on the file of the first respondent.

2.The defacto complainant/Saima Beevi is present before this Court in person.

She 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 she does not want to pursue the complaint. The parties have also filed a memo of joint compromise 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) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18536 of 2021 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-37378[F] dated 06/12/2021 ) Crl.O.P(MD)No.18536 of 2021 06.12.2021 USK (17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2