Mohammed@Mummaa@Rasool v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2018
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.20775 of 2018 1.Mohammed @ Mummaa @ Rasool Mydeen 2.Khaja @ Kannadi Khaja 3.Kaja Mohideen 4.Abupaakr Siddq 5.Thameem Ansari 6.Imran Khan 7.Yasar Arafath Jalaludeen 8.Mydeen Bhadhusha 9.Rasool Mydeen .. Petitioners/ Accused Nos.1 to 9 vs.
1.The Inspector of Police, Melappalyam Police Station, Tirunelveli District.
(Crime No.351 of 2018) ... 1st Respondent/Complainant 2.Muthu @ Esakkimuthu ... 2nd Respondent/De-facto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and to quash the First Information Report in Crime No.351 of 2018 on the file of the first respondent, dated 05.11.2018.
For Petitioners : Ms.K.Mahalakshmi For R1 : Mr.A.Robinson Government Advocate(Crl.side) For R2 : Mr.A.Abbas Mandhiri
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.351 of 2018, dated 05.11.2018, on the file of the first respondent police.
2.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 has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and https://hcservices.ecourts.gov.in/hcservices/
they were identified by the respondent police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 4.Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.351 of 2018 pending. 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 FIR in Crime No.351 of 2018.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.351 of 2018, on the file of the first respondent police, are quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) altogether as costs, by way of a crossed Cheque or by means of Demand Draft in favour of the ''Chief Minister's Public Relief Fund'' and hand it over to the Registrar (Judicial) of the Madurai Bench of Madras High Court, Madurai, 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 for reporting compliance in the Registry.
Sd/- Assistant Registrar(cs-III) /True Copy/ Sub Assistant Registrar(cs-III) To Joint compromise Memo enclosed herein 1.The Inspector of Police, Melappalyam Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Register(Judicial) Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.Mahalakshmi Advocate in SR.No.96614 Crl.O.P.[MD]No.20775 of 2018 23.11.2018 SMN2 SPRSK SAR3 14.12.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/