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Madras High CourtCRL OP(MD)/20842/2016allowed

Ibrahim Alais M. Mohammed v. The Inspector Of Police

2016-11-25Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20842 of 2016 1.Ibrahim @ M.Mohamed Ibrahim 2.Jafar @ Jafar Sharibula ... Petitioners Vs.

1.The State Rep.by the Inspector of Police, Kadayam Police Station, Tirunelveli District.

(Cr.No.149 of 2014) 2.V.Marimurugan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to call for the records in Crime No. 149 of 2014 on the file of the Inspector of police, Kadayam Police Station, Tirunelveli and quash the same on the ground of compromise forthwith.

For Petitioner : Mr.S.Palani Velayutham For First Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed to call for the records in Crime No. 149 of 2014 on the file of the Inspector of police, Kadayam Police Station, Tirunelveli and quash the same on the ground of compromise forthwith.

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

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Cr.No.149 of 2014 for offences under Sections 147, 447, 294(b), 323, 355 and 506(ii) of I.P.C., on the file of the first respondent.

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4. When the matter was called on 04.11.2016 both the petitioners 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 16.10.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent also has no objection to quash the proceedings in Cr.No.149 of 2014. They would also further submit that the petitioners are ready to donate Rs.40,000/- to Indian Association for the Blind, Sundarrajanpatty, Alagar Kovil Main Road, Arumbanoor (Post), Madurai.

5. In view of the above, this Court permitted the parties to pay Rs.40,000/- to the Indian Association for the Blind, Sundarrajanpatty, Alagarkovil Main Road, Arumbanoor (Post), Madurai 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.149 of 2014, on the file of the first respondent police is hereby quashed and the Criminal Original Petition is allowed. The compromise memo dated 26.10.2016 shall form part of the order. Sd/- Assistant Registrar(Crl. Side) /True copy/ Sub Assistant Registrar(CS ) Encl: xerox copy of compromise memo To 1.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

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

+1 cc to M/s.S.Palanivelayutham, Advocate in SR.No. 72764 Crl.O.P.(MD) No.20842 of 2016 25.11.2016 akv CSL/GSV-PM/02.01.2017::2P-4C https://hcservices.ecourts.gov.in/hcservices/