Jannadhur Firdhouse@Rojabanu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17094 of 2018 1.Jannadhur Firdhouse @ Rojabanu 2.Mubaraq Nisha 3.Mohamed Nawazdheen @ Nawazdheen : Petitioners/Accused 1,5 & 6 Vs.

1. The Inspector of Police, Melur Police Station Madurai District (Crime No.490 of 2014) :1st Respondent/Complainant 2.M.Sahul Hameed :2nd Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in C.C.No.17 of 2016 on the file of the learned Judicial Magistrate, Melur,Madurai District and quash the charge sheet and consequential all further proceedings as against the petitioners. For Petitioners : Mr.P.Saravanan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.K.Abdul Khader

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.17 of 2016 on the file of the learned Judicial Magistrate, Melur,Madurai District

2. The case is under trial. 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 petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Police 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 proceedings in C.C.No.17 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.17 of 2016, on the file of the learned Judicial Magistrate, Melur,Madurai District , is quashed insofar the petitioners herein are concerned and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), 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(AD-II) /True Copy/ Sub Assistant Registrar(CS-II) Encl: Xerox copy of Joint Compromise Memo To

1. The Judicial Magistrate Melur,Madurai District.

2. The Inspector of Police, Melur Police Station Madurai District.

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

Copy to The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madruai.

+2cc to Mr.P.Saravanan, Advocate Sr.No.86523 AAV VB/PM/SAR2/26.10.2018/2P/7C Crl.O.P.[MD].No.17094 of 2018 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/