A. Mohammed Rafi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.12896 of 2019

1. A.Mohamed Rafi

2. Akbar Ali

3. Sikkander

4. Rajendran ...

Petitioners Vs.

1.State through The Inspector of Police, Central Crime Branch Madurai City Madurai 2.Creeda Sudhasini ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the case in C.C.No.550 of 2002 on the file of the Judicial Magistrate No.1, Madurai and quash the same as against the petitioners.

For Petitioners : Mr.C.Vakeeswaran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For- R-2 : Mr.T.C.S. Thillainayagam

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.550 of 2002 on the file of the Judicial Magistrate No.1, Madurai, for an alleged offences under Sections 482,486 and 420 of IPC and Section 63 of Copy Rights Act, 1957. 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 petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Saravanan, SSI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

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.550 of 2002 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.550 of 2002 on the file of the Judicial Magistrate No.1, Madurai , is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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 // True Copy // Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate No.1, Madurai

2. The Inspector of Police, Central Crime Branch Madurai City Madurai.

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

Copy to:

1.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1 CC to M/s.C.VAKEESWRAN, Advocate ( SR-87009[F] dated 17/09/2019 ) +1 CC to M/s.T.C.S THILLAINAYAGAM, Advocate ( SR-87013[F] dated 17/09/2019 ) Crl.O.P.(MD).No.12896 of 2019 17.09.2019 https://hcservices.ecourts.gov.in/hcservices/ KK/SAR/30.09.2019/2P-9C/