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Madras High CourtCRL OP(MD)/12430/2020allowed

Lingasamy v. The Inspector Of Police

2020-11-11Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)Nos.12430 & 12435 of 2020 Crl.O.P.(MD)No.12430 of 2020 1.Lingasamy 2.Loganathan 3.Alagarsamy 4.Chinamuthu @ Chinnamuthu Naicker 5.Kanthasamy 6.Mayilsamy ... Petitioners/Accused Nos.1 to 6 Vs.

1.State represented through The Inspector of Police Vadamadurai Police Station, Dindigul District. ... 1st Respondent/Complainant (Crime No.676/2020) 2.Mohamed Asif ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.676 of 2020 on the file of the first respondent police dated 25.05.2020 and quash the same against the petitioners.

For Petitioners: Mr.K.R.Badurus Zaman For R-1 : Mr.M.V.Chandrasekaran, Government Advocate (Crl. side) For R-2 : Mr.R.Alagia Nambi Crl.O.P.(MD)No.12435 of 2020 1..Mohamed Asif 2.Imran Khan 3.Ijaj Ahamed 4.Prem Nazeer 5.Mohamed Faizal 6.Jabar Sathik ... Petitioners/Accused Nos.1 to 6 Vs.

1.State represented through The Inspector of Police Vadamadurai Police Station, Dindigul District. ... 1st Respondent/Complainant (Crime No.677/2020) 2.Alagarsamy ...2nd Respondent/Defacto Complainant 1/3

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.677 of 2020 on the file of the first respondent police dated 25.05.2020 and quash the same against the petitioners.

For Petitioners: Mr.R.Alagia Nambi For R-1 : Mr.M.V.Chandrasekaran, Government Advocate (Crl. side) For R-2 : Mr.K.R.Badurus Zaman COMMON ORDER These Criminal Original Petitions have been filed praying to call for the records relating to the FIR in Crime Nos.676 and 677 of 2020 on the file of the first respondent police and quash the same against the petitioners, respectively.

2.The petition mentioned cases are a case and case in counter. The second respondent / defacto complainant as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the above FIR. 3.The compromise memo is filed before this Court and the parties along with their respective counsel are also present personally and the learned Government Advocate (Crl.side) would state that he has verified their identity.

4. In the result, by recording the compromise, these Criminal Original Petitions are allowed and the proceeding in Crime Nos.676 and 677 of 2020, on the file of the first Respondent are quashed.

Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

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Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police Vadamadurai Police Station, Dindigul District.

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

Crl.O.P.[MD]Nos.12430 & 12435 of 2020 11.11.2020 VB (23.11.2020) 3P 3C 3/3