Madras High CourtCRL OP(MD)/18637/2021allowed

Yasar Arapath@Mohamed Yasir Afridi Bilal v. The Inspector Of Police

2021-11-29Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.18637 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18637 of 2021 Yasar Arapath @ Mohamed Yasir Afridi Bilal ... Petitioners / Accused No.1 Vs.

1. The State rep. By, The Inspector of Police, Kenikarai police station, Ramanathapuram District.

(Crime No.639 of 2020) ... 1st Respondent / Complainant

2. Syed Ibrahim ... 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 First Information Report in Crime No.639 of 2020 dated 20.10.2020 on the file of the respondent police station and quash the same as illegal. For Petitioner : Mr.B.Mahendrarajan For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.M.Maruthu Pandian

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.639 of 2020 registered on the file of the first respondent police.

3. The said First Information Report was registered for the offences under Sections 294(b), 323 and 506(i) of I.P.C. Three persons, namely, Yasar Arapath, Riyas and Raja Mohamed have been implicated as accused.

4. The defacto complainant Syed Ibrahim is present in person before me. He has been duly identified by Mr.Murugan, HC 328, attached to the first respondent police station. The parties have filed a joint compromise memo dated 22.11.2021. The defacto complainant states that even though this criminal original petition has been filed only by Yasar Arapath, he has no objection for quashing the impugned First Information Report in toto. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.18637 OF 2021

5. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Encl:Photocopy of compromise Memo attached.

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, Kenikarai police station, Ramanathapuram District.

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

Crl.O.P.(MD)No.18637 of 2021 29.11.2021 MGJ(13.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2