Munaivar Beik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.OP(MD)No.4161 of 2017 1.Munaivar Beik

2. Kamar Jahan : Petitioners / Accused Nos. 1&2 Vs.

1.State Through the Inspector of Police, Thallakulam Police Station, Madurai City, Madurai.

(In Crime No. 16 of 2017) : Respondent / Complainant 2.Yakkath Ali : Respondents / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Crl. Procedure Code praying to call for the records of First information report in Crime.No. 16 of 2017 on the file of the respondent No. 1 and quash the same as illegal. For Petitioners : Mr.A.Raja Mohamed For Respondent-1 : Mr.P.Kandasamy Government Advocate (crl.side) For Respondent-2 : Mr.A. Abdul Kabur

ORDER

This Criminal Revision Case is filed praying to call for the records of First information report in Crime. No. 16 of 2017 on the file of the respondent No. 1 and quash the same as illegal.

2. The petitioners and the second respondent are present before this Court along with their respective counsels. The learned Government Advocate (crl.side) appearing for the first respondent is also present.

3. The first respondent has registered the case against the petitioner in Crime No.16 of 2017, for the alleged offence under Section 420 of IPC., as per the complaint given by the second respondent herein.

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4. The learned counsel appearing for the petitioners and the second respondent would submit that, since the parties have settled

their disputes amicably before the elders and Jamath members, the defacto complainant, who is the second respondent herein, does not want to continue the criminal proceedings against the petitioners herein. Hence, the petitioners and the second respondent are seeking indulgence of this Court to record the compromise and to quash the FIR registered, on the basis of the complaint given by the second respondent against the petitioners herein.

5. The learned Government Advocate (crl.side) appearing for the 1st respondent states that he has no objection to record the compromise, since the parties to the case compromised the issue between themselves.

6. The learned counsels appearing on either side produced the Original Aadhaar Card of the petitioners and the second respondent, for identification. The first petitioner's Aadhaar Number is, 851114845035. The second petitioner's Aadhaar Number is, 452250938704 and the second respondent's Aadhaar Number is 836338070846.

7. The Court heard the submissions of the respective parties, who appeared before this Court and their identification is also verified by their respective counsels.

8. Since the parties have settled their disputes amicably before the elders and Jamath Members and they have also filed a 'Joint Compromise Memo', dated 06.04.2017 to that effect, this Court is of the view that there is no need to keep the FIR in Crime No.16 of 2017, pending on the file of the first respondent herein.

9. In the light of the compromise entered into between the parties, this Criminal Original Petition is allowed and the FIR in Crime No.16 of 2017, on the file of the first respondent is quashed. The Joint Compromise Memo, dated 06.04.2017, shall form part of the order.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Thallakulam Police Station, Madurai City, Madurai.

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

+1 CC to M/s.S.M.A.JINNAH, Advocate, SR No. 51269 MPK PSM/MR/SAR3/21.04.2017/2P/4C Crl.OP(MD)No.4161 of 2017 Dated:- 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/