Arakasu Mammu Sulthan @ v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18967 of 2016 Arakasu Mammu Sulthan @ Mohamed Sulthan ...Petitioner/Sole Accused -Vs1.State represented by The Sub-Inspector of Police, Thirupullani Police Station, Ramanathapuram District.

(In Crime NO.100 of 2016) ...Respondent No.1/Complainant 2.Anees @ Mohamed Anees ... Respondent NO.2/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records and quash the same in F.I.R. in Crime No.100 of 2016 on the file of the respondent No.1.

For Petitioners : Mr.S.A.S.Alaudeen For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.Manivannan for R.2

O R D E R

This petition has been filed to call for the records and quash the same in F.I.R. in Crime No.100 of 2016 on the file of the respondent No.1.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Cr.No.100 of 2016 for offence under Sections 294 (b) and 324 I.P.C., on the file of the first respondent. The said F.I.R. is challenged before this Court.

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

4. When the matter was called on 03.10.2016 both the petitioner as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo dated 02.05.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that the petitioner is ready to donate Rs.5,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the petitioner to pay Rs.5,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been filed. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned proceedings in Cr.No.100 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(Record) /True Copy/ Sub Assistant Registrar ssl To:

1. The Sub-Inspector of Police, Thirupullani Police Station, Ramanathapuram District.

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

+1cc to Mr.s.A.S.Alaudeen Advocate Sr.No. 61384 JAM/26.10.16/DB /2p-4c Crl.O.P.(MD) No.18967 of 2016 17.10.2016 https://hcservices.ecourts.gov.in/hcservices/