Madras High CourtCRL OP(MD)/15797/2021disposed of

H.Khadar Vali Hussain Saheb Nagur v. The Inspector Of Police

2022-02-01Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.15797 & 15799 of 2021 H.Khadar Vali Hussain Saheb Nagur ... Petitioner/Sole Accused (in both petitions) Vs The State rep.by, The Inspector of Police, Central Crime Branch, Madurai.

Crime No.14 & 15 of 2021.

... Respondent/Complainant (in both petitions) (in both petitions) For Petitioner : Mr.Niranjan.S.Kumar, Advocate.

For Respondent : Mr.Rms.Sethuraman, Additional Public Prosecutor For Defacto complainant: Mr.P.Venkatesan Advocate.

PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :-For Anticipatory Bail in Crime No.14 & 15 of 2021 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 417, 420, 465 IPC, in Crime No.14 of 2021 and for the alleged offences punishable under Sections 406, 417, 419, 420 and 465 IPC, in Crime No.15 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.Mr.P.Venkatesan, learned counsel appearing for the defacto complainant would submit that the matters have been settled out of the Court and the parties have also filed joint compromise memo in both the crime numbers. Which is extracted here under:- 1/3

"...........

3.The petitioner as well as 2nd respondent herein had resolved the dispute between themselves and had now decided to withdraw and close the criminal cases lodged against each other. This understanding has been arrived with the advice made by common friends and that decision is taken in sound mind and without there being any threaten or coercion.

4.Both the parties have decided to file a petition to quash the First Information Report in Crime No.14 of 2021, lodged by Rajanithi and Crime No.15 of 2021 lodged by Arumugam before the Hon'ble Madras High of Madurai Bench, by invoking Section 482 of Cr.P.C. Similarly the First Information Registered in Crime No.21 of 2021 on the file if Kupwad M.D.I.C Police Station at Sangli, Maharashtra, lodged by the H.Hhadar Vali HussainSaheb Nagur, before the Hon'ble High Court of Bombay, by invoking Section 482 of Cr.P.C. 5.It will be responsibility of Khadar Vali Hussain Saheb Nagur to appear in person before the Hon'ble High Court of Bombay and to express his consent for quashing the First Information Report in Crime No.21 of 2021 on the file of Kupwad M.D.I.C Police Station at Sangli, Maharashtra. 6.It will be responsibility of Mr.Rajanithi and Mr.Arumugam to express their consent before the Hon'ble Madras High Court of Madurai Bench, to quash the Crime No.14 and 15 of 2021 on the file Central Crime Branch, Madurai.

7.It is mutually agreed by the both parties that the present criminal cases against each other resolved totally and hence there will be no litigation of any nature and also criminal cases of any nature in respect of present cause of action, by which the case in Crime No.21 of 2021 on the file of Kupwad M.D.I.C Police Station at Sangli, Maharashtra and Crime No.14 and 15 of 2021 on the file Central Crime Branch, Madurai, had been registered.

8.The parties do agree for the all above and hereby consent to the above petitions to quash the First Information Report in the respective cases on account of compromise and concession arrived 2/3

and also given an undertaking before this Hon'ble Court that they will not precipitate the matter any further and that they remind in cordial relationship.

3.In view of the above said terms of compromise reached between the parties, both the petitions are disposed of. sd/- 01/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

TO 1 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, MADURAI.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.NIRANJAN.S.KUMAR, Advocate (SR-640[I] dated 02/02/2022 )

ORDER

IN CRL OP(MD) No.15797 & 15799 of 2021 Date :01/02/2022 DSS MK/VR/SAR.II/04.02.2022/3P/4C 3/3