Madras High CourtCRL OP(MD)/17643/2021allowed

Abbas v. The Inspector Of Police

2021-11-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17643 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17643 of 2021 1.Abbas 2.Mohammed Yusuf @ Yusuf 3.Ibrahim 4.Iqbal 5.Noor Jahan 6.Mallika Begam 7.Meharaj Begam ... Petitioners Vs.

1.The State through The Inspector of Police, B6 Jeihindpuram Police Station, Madurai City, Madurai District.

(In Crime No.1195 of 2008) 2.Raja Mohamed ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in pertaining to C.C.No.215 of 2010 on the file of Judicial Magistrate No.IV, Madurai and quash the same.

For Petitioners : Mr.S.Mohammed Kasim For Respondents : Mr.M.Sakthikumar, Govt. Advocate (Crl. Side) for R1 Mr.M.Vivekkumar for R2

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.215 of 2010 on the file of the Judicial Magistrate No.IV, Madurai.

2.The defacto complainant/Raja Mohamed is present before this Court in person. He has been duly identified by Mr.Syed Abdul Kadar, Sub Inspector of Police attached to Jeihindpuram Police Station. The defacto complainant states that the petitioners are his relatives and that he has decided not to pursue the complaint. All the petitioners are present before this Court. All the petitioners affirmed before this Court that they would conduct themselves in such a manner that there will not be any giving rise https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17643 of 2021 to any complaint in future. The said undertaking is recorded. Since the parties have chosen to bury the hatchet, keeping the prosecution would not be in the interest of justice. The impugned proceedings are quashed and the criminal original petition is allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, B6 Jeihindpuram Police Station, Madurai City, Madurai District.

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

+6 CC to M/s.S. MOHAMMAD KASIM, Advocate ( SR-34515[F] dated 15/11/2021 ) Crl.O.P(MD)No.17643 of 2021 15.11.2021 MGJ/PM(25.11.2021) 2P 10C https://hcservices.ecourts.gov.in/hcservices/ 2/2