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Madras High CourtCRL OP(MD)/6077/2022allowed

Mohammed Yusuf v. The Inspector Of Police

2022-04-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.6077 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6077 of 2022 Mohammed Yusuf

...Petitioner/Sole Accused

Vs.

1. The State rep. by The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

(Crime No.90 of 2022) ... 1st Respondent/Complainant

2. Samidurai ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.90 of 2022 on the file of 1st respondent and quash the same.

For Petitioners : Mr.V.Sasikumar For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent : Mr.S.Sankar No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.90 of 2022, on the file of the first respondent police.

2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel.

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.90 of 2022 pending on the file of the first respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6077 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.90 of 2022, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 19.04.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (AE) // True Copy // 06/04/2022 Sub Assistant Registrar(CS-II) aav ENCL:Xerox Copy of Joint Compromise Memo To

1. The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

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

COPY TO:

THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.

+1 CC to M/s.V. SASI KUMAR, Advocate ( SR-16879[F] dated 06/04/2022 ) Crl.O.P.(MD) No.6077 of 2022 04.04.2022 km(CO) GC(06.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2