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Madras High CourtCRL OP(MD)/8965/2021allowed

A.Mohaideen Fatima v. The Inspector Of Police

2024-04-24Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No.8965 of 2021 and Crl.M.P(MD).No. 4582 of 2021 1.A.Mohaideen Fatima 2.Mahmooda 3.T.S.Abdul Majith ... Petitioners Vs.

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

(Crime No.234 of 2021) 2.A.Ayub Khan ... Respondents PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records and quash the FIR registered in Crime No.234 of 2021 on the file of the Inspector of Police, Palayamkottai Police Station, Tirunelveli. For Petitioner : Mr.H.Arumugam For Respondent No.1 : Mr.R.M.Anbunithi Additional Public Prosecutor For 2nd respondent : Mr.V.R. Shanmuganathan 1/5

O R D E R

This petition has been filed seeking to quash the impugned FIR in Crime No.234 of 2021 on the file of the Inspector of Police, Palayamkottai Police Station, Tirunelveli.

2. The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.234 of 2021 for the offences punishable under Sections 420, 465 and 468 IPC against the petitioners.

3. The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor (Crl. Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the 2/5

Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 26.06.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.234 of 2021 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.234 of 2021, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, the connected Miscellaneous Petition is closed. 24.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp 3/5

To

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

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

4/5

A.A.NAKKIRAN, J.

Trp Crl.O.P(MD).No.8965 of 2021 and Crl.M.P(MD).No. 4582 of 2021 24.04.2024 5/5