Mohamed Ali Jinna v. The Inspector Of Police
Crl.O.P(MD)No.7416 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.7416 of 2022 1.Mohamed Ali Jinna 2.Sikkanthar 3.Mohaideen Pitchai @ Asarudeen ...Petitioners/Accused Nos.1 to 3 Vs.
1.State rep. by The Inspector of Police, Tenkasi Police Station, Tenkasi District.
(Cr.No.130 of 2022) ... 1st Respondent/Complainant 2.Shahul Hameed ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Crime No.130 of 2022 on the file of the first respondent police and quash the same. For Petitioners : Mr.R.J.Karthick For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl. Side) For R2 : Mr.L.Subramanian Kishore
ORDER
The Criminal Original Petition has been filed to quash the FIR as against the petitioners in Crime No.130 of 2022 on the file of the first respondent.
2. The case is under 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 has 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 FIR in Crime No.130 of 2022 pending on the file of the first respondent, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P(MD)No.7416 of 2022 Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.130 of 2022.
5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.130 of 2022 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) 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 01.05.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar (Records) // True Copy // 25/04/2022 Sub Assistant Registrar(CS-III) vsd 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.
ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Tenkasi Police Station, Tenkasi District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
Crl.O.P(MD)No.7416 of 2022 22.04.2022 ARK(CO)GC(25.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2