Madras High CourtCRL OP(MD)/19564/2018allowed

Mohamed Nainar, (Wrongly v. The Inspector Of Police,

2018-11-01Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2018 C O R A M THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.19564 of 2018 and Crl.M.P.(MD)No.8883 of 2018 1.Mohamed Nainar 2.Mydeen Khan 3.Abdul Agees 4.Jahir Usain 5.Anwar Hussain

...Petitioners/A1 to A5

Vs.

1. State represented by the Inspector of Police, Kadayam Police Station, Tirunelveli District.

(Crime No.241 of 2018) ..Respondent No.1/Complainant

2. Shahul Hameed ...2nd Respondent/De-facto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining in Crime No.241 of 2018 on the file of the first respondent and quash the same as against these petitioners. For Petitioners : Mr.Sikkandar Ali For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate, (Crl. Side) For R-2 : Mr.N.M.Shajahan

ORDER

This petition has been to quash the criminal proceedings in Crime No.241 of 2018 on the file of the first respondent as against these petitioners.

2.Today, when the matter was taken up, the petitioners, the 2nd respondent, the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent are present and they have filed a memo of compromise stating that they have compromised the matter and the de facto complainant do not want to pursue the matter against the petitioners and he has no objection to quash the proceedings against the petitioners. The compromise memo filed by the petitioners and second respondent / de facto complainant is recorded.

3.Considering the fact that they have compromised the matter and recording the compromise memo filed by the parties, this Court is of the view that this is a fit case to quash the proceedings against the petitioners.

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4.Accordingly, this criminal original petition is allowed and the proceedings in Crime No.241 of 2018 on the file of the first respondent against the petitioners/A1 to A5 is hereby quashed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RECORDS) /True Copy/ Sub Assistant Registrar(CS-II) Encl: Xerox Copy of Compromise Memo To

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

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

KM/BK/SAR2/21.12.2018/2P/3C Crl.O.P(MD)No.19564 of 2018 01.11.2018 https://hcservices.ecourts.gov.in/hcservices/