Madras High CourtCRL OP(MD)/7656/2025allowed

Mohammed Nahib @ Mohamed Nakeep v. The State Of Tamilnadu

2025-04-25Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL and Crl.M.P(MD)Nos.5681 & 5682 of 2025

1. Mohammed Nahib @ Mohamed Nakeep

2. Imran Khan ... Petitioners Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

Crime No.20 of 2020.

2. Mohamad Subaiyar Ali ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to all for the records pertaining to the case registered in Charge Sheet in C.C.No.310 of 2022 on the file of learned Judicial Magistrate No.II, Srivaikundam, Thoothukudi District and Quash the same as illegal as far as the petitioners are concerned.

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For Petitioners : Mr.Gnana Sekar.A For R1 :

Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 :

Mr.Meeran Mytheen.M

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to C.C.No.310 of 2022 on the file of learned Judicial Magistrate No.II, Srivaikundam, Thoothukudi District for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.20 of 2020 and quash the same.

2. According to the petitioners, based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 20 of 2020 for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC.

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3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in C.C.No.310 of 2022, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

4. Today, the defacto-complainant and all the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise. A compromise memo, dated 2304.2025 signed by the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences, the parties have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and C.C.No.310 of 2022 on the file of learned Judicial Magistrate No.II, 3/5

Srivaikundam, Thoothukudi District is quashed. Consequently, connected miscellaneous petitions are closed. 25.04.2025 Internet:Yes Index :Yes/No NCC :Yes/No LR To

1. The Judicial Magistrate No.II, Srivaikundam, Thoothukudi District.

2. The State of Tamilnadu, Rep by the Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

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

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P. DHANABAL, J.

LR 25.04.2025 5/5