Madras High CourtCRL OP(MD)/14955/2018allowed

Yasar Thowfik Ali v. The Inspector Of Police

2018-08-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.14955 of 2018 Yasar Thowfik Ali : Petitioner/Sole Accused Vs.

1. State through the Inspector of Police, Jaihindpuram Police station (In Crime No. 356 of 2011), Madurai.

: 1st Respondent/Complainant 2.K.M.Pandian : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the record and to quash the charge sheet in C.C.No.182/2014 pending on the file of the learned Judicial Magistrate No.IV Madurai.

For Petitioner : Mr.V.A.Dhana Aravindha Balaji for M/s.Dhana Law Associates For R-1 : Mr.M.Chandra Sekaran Additional Public Prosecutor For R-2 : Mr.R.Rajamohan

ORDER

The present Criminal Original Petition has been filed to quash the proceedings in C.C.No.182 of 2014, on the file of the learned Judicial Magistrate No.IV, Madurai, for an alleged offences under Sections 294(b), 507 and 506(i) of IPC.

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. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served

in keeping the First Information Report pending. 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 Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in C.C.No.77 of 2017. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.182 of 2014, on the file of the learned Judicial Magistrate No.IV, Madurai is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,000/- as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, IFSC Code.SBIN 0000898, M.I.C.R.

Code.625002601, State Bank of India, Periyakulam) within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Sd/- Assistant Registrar (writs) /True Copy/ Sub Assistant Registrar(CS-II) Encl.

1. The Judicial Magistrate No.IV, Madurai.

2. The Chief Judicial Magistrate, Madurai.

3. The Inspector of Police, Jaihindpuram Police station Madurai.

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

Copy to:

The District Siddha Medical Officer, CCRI, Periyakulam +1cc to M/s.Dhana Law Associates, SR.No.80060 ls MK/SKN/SAR 2/11.09.2018/2P/7C Crl.O.P.[MD].No.14955 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/