Mohamed Ibramsha v. The Inspector Of Police

CRL OP(MD). No.6338 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.6338 of 2022

1. Mohamed Ibramsha

2. Mohamed Faisal

3. Thajudeen @ Thajudeen Nijammaideen ....Petitioners/ Accused No 1 to 3 Vs

1. State represented by The Inspector of Police, Ayyempettai Police Station, Thanjavur District, (In Crime No.1069/2021) ... 1st Respondent/Complainant

2. Mohamed Yasar Arafath ....2nd Respondent/ Defacto Complainant PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records pertaining to the FIR in Crime No.1069/2021 on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.A.Arun Prasad For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R1 : Mr.M.Vignesh Kumar for R2

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 1069 of 2021, on the file of the 1st Respondent.

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 petitioners 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6338 of 2022 Crime No.1069 of 2021 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1069 of 2021, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each as costs, 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 13.04.2022 and the receipt of payment shall be produced before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM ENCL:Xerox Copy of Joint Compromise Memo 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 Inspector of Police, Ayyempettai Police Station, Thanjavur 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.

ORDER

IN CRL OP(MD). No.6338 of 2022 Date : 06/04/2022 SJ(CO) GC(08.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2