Vishnu Varathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4220 of 2024 and Crl.M.P.(MD)No.3348 of 2024 1.Vishnuvarathan 2.Mohammed Rameesh 3.Mohammed Meenkas 4.Sibin 5.Nazil 6.Benseen Sunu 7.Ahamad ... Petitioners / Accused Nos.1 to 7 Vs.

1.The State rep. by The Inspector of Police Thuckalay Police Station, Kanyakumari District.

(Crime No.153 of 2024) ... 1st Respondent / Complainant 2.Ajas Asharaf ... 2nd Respondent/Defacto complainant 3.A.S.Aswajith 4.Sanosh Safeer 5.Firoz Safeer ... 3rd to 5th Respondents/Victims 1/5

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to quash the F.I.R in Crime No.153 of 2024 dated 29.02.2024 on the file of the first Respondent Police.

For Petitioners : Mr.R.Ilayaraja For R1 : Mr.M.Veeranthiran Government Advocate (Crl.side) For R2 to R5 : Ms.P.Sujai Krishna

O R D E R

The learned Counsel for the Petitioners submits that the Petitioners had filed this Petition to quash the F.I.R in Crime No.153 of 2024 dated 29.02.2024 on the file of the first Respondent Police.

2. The learned Counsel for the Petitioners submit that the Petitioners are arrayed as Accused Nos. 1 to 7. They are native of Kerala State and were studying in Engineering College in Noorul Islam Engineering College, Kumarakovil, since it affect their studies, they have decided to give quitus to the same. During the pendency of this case in Crime No.153 of 2024, the Petitioners herein, who are arrayed as Accused 2/5

and the Respondents 2 to 5 the de-facto complainant had arrived at a compromise. The joint compromise memo also recorded.

3. Ms.P.Sujai Krishna (Mobile No:96292 22212), learned Counsel for the Respondents 2 to 5 appeared and filed vakalat in this case.

4. The learned Government Advocate (Crl.side), on instructions of the first Respondent Police, submits that amicable settlement arrived between the Parties are bonafide. The status report also filed by the Investigation Officer along with the statements of the Respondents 2 to 5 as well as the Accused along with their proof of identity. The same is recorded.

5. In the light of the status report of the first Respondent Police and the Joint Compromise Memo filed by the learned Counsel for the Petitioners / Accused and the learned Counsel for the Respondents 2 to 5, the F.I.R in Crime No.153 of 2024 dated 29.02.2024 on the file of the first Respondent Police, is hereby quashed. The Joint Compromise Memo shall part and parcel of the order.

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6. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed. Internet :Yes./No 27.03.2024 Index :Yes/No NCC : Yes/No LS To 1.The Inspector of Police Thuckalay Police Station, Kanyakumari District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LS CRL.O.P (MD) No.4220 of 2024 27.03.2024 5/5