Dharvees Mydeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Dharvees Mydeen ... Petitioner Vs.

1.The State Rep. by The Inspector of Police, City Crime Branch (ALGSC), Madurai City.

2.P.Sindhu ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the proceeding in C.C.No.5 of 2023 on the file of the Special Court for Exclusive Trial of Land Grabbing Case, Madurai and quash the same as against the petitioner. For Petitioner : Mr.R.Anand For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.C.Deepak

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.5 of 2023 on the file of the Special Court for Exclusive Trial of Land Grabbing Case, Madurai. 1/4

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.46 of 2022 for the offences punishable under Sections 447, 465, 468 and 471 of IPC, against the petitioner. It appears that there is a civil issue between the parties.

3.The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels.

4.The petitioner 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 petitioner and also in view of the joint compromise memo, dated 15.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to 2/4

quash all further proceedings in C.C.No.5 of 2023 on the file of the Special Court for Exclusive Trial of Land Grabbing Case, Madurai, in respect of the petitioner.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.5 of 2023 on the file of the Special Court for Exclusive Trial of Land Grabbing Case, Madurai, is hereby quashed in respect of the petitioner alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 13.06.2023 Index : Yes/No Internet:Yes/No tta To 1.The Inspector of Police, City Crime Branch (ALGSC), Madurai City.

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

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G.ILANGOVAN, J., tta Crl.O.P.(MD)No.10238 of 2022 13.06.2023 4/4