M.Sheik Ali v. The Inspector Of Police

Crl.O.P.(MD) No.8264 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.8264 of 2022 M.Sheik Ali

...Petitioner/Accused rank

notknown Vs.

1. The Inspector of Police Pathamadai Police Station Ambasamudram, Tirunelveli ...1st Respondent/Complainant (Crime No. 42 of 2022)

2. Mirasi Mydeen ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records in Crime No. 42 of 2022 pending on the file of the first respondent and quash the same. For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.Thanga Aravindan No.1 Additional Public Prosecutor No.2 : Mr.A.Ferozkhan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 42 of 2022 , on the file of the first respondent police.

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 petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8264 of 2022 Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No. 42 of 2022 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. 42 of 2022, on the file of the first respondent police, is quashed 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) as costs, to the 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 19.05.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To Enclose copy of Joint Compromise Memo.

1. The Inspector of Police Pathamadai Police Station Ambasamudram, Tirunelveli

2. The Additional Public Prosecutor Madurai Bench of Madras High Court 3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

Crl.O.P.(MD) No.8264 of 2022 29.04.2022 RK(06/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2