Yamin @ Mohammed Yamin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Yamin @ Mohammed Yamin 2.Noorul Islam 3.Rabilkhan 4.Jameemali 5.Mohamed Kasim @ Mohamed Asif ... Petitioners Vs.

1.State Rep. by The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

(Crime No.106/2014) 2.M.S.Abdul Wahab S/o.Syed Mohammed ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the Charge Sheet in C.C.No.522 of 2014 on the file of the learned Judicial Magistrate, Peravurani and quash the same against the petitioners.

1/5

For Petitioner :Mr.N.Balasubramanian For R1 :Mr.R.Suresh Kumar Government Advocate (Criminal Side) For R2 :Mr.B.Arun

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.522 of 2014 pending on the file of the Judicial Magistrate, Peravurani.

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.106 of 2014 for the offences punishable under Sections 147, 286, 294(b), 506(i) of IPC against the petitioners. It appears that there is a small issue between the parties. 3.The further contention of the petitioner is that they compromised the issue with the 2nd respondents 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.

2/5

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 and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the 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 28.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.522 of 2014 pending on the file of the Judicial Magistrate, Peravurani, in respect of the petitioners. 6.

In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.522 of 2014 pending on the file of the Judicial Magistrate, Peravurani, is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

28.04.2023 NCC :Yes / No Index :Yes / No Internet :Yes / No sbn 3/5

To 1.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

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

4/5

G.ILANGOVAN, J., sbn 28.04.2023 5/5