Kalil Rahuman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.22058 of 2016 Kalil Rahuman .. Petitioner Vs.

1. The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

(Crime No. 576 of 2016)

2. S.M. Sahul Hameed .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records of FIR in Crime No. 576/2016 on the file of the 1st respondent and to quash the same as illegal.

For Petitioner : Mr. P.T. Thiraviam For R1 : Mr. K. Anbarasan Government Advocate (Crl.side) For R2 : Mr.B.Santhanam Rajeshkumar

ORDER

This petition has been filed seeking to quash FIR in Crime No. 576 of 2016 on the file of the 1st respondent pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime No.576 of 2016 for the alleged offences under Sections 294(b), 352, 355 & 506(i) IPC has been registered against the petitioner/sole accused.

3. When the matter is taken up for hearing, the petitioner/accused and the Second respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.

4. The learned counsel appearing on either side filed a joint memo of compromise dated 11.11.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to https://hcservices.ecourts.gov.in/hcservices/

quash the FIR in Crime No. 576 of 2016 on the file of the Inspector of Police, Melapalayam Police Station, Tirunelveli District.The petitioner has paid Rs.5000/- to the Government Higher Secondary School, Alathur and he has produced the copy of receipt.

5. Considering the nature of allegations and in view of joint memo of compromise dated 11.11.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, the entire proceedings in Crime No. 576 of 2016 on the file of the Inspector of Police, Melapalayam Police Station, Tirunelveli District in respect of the petitioner/sole accused, are hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 11.11.2016 shall form part of this order.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To

1. The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

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

+1cc to Mr.P.T.Thiraviam (SR 74437) +1cc to Mr.B.Santhanam Rajesh kumar (SR 74439) SMA/GSV-PM/05-01-2017/2p/5c Crl.O.P.(MD).No.22058 of 2016 30.11.2016 https://hcservices.ecourts.gov.in/hcservices/