Madras High CourtCRL OP(MD)/19418/2021allowed

Niyas Ahamed v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19418 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19418 of 2021 1.Niyas Ahamed 2.Ahamed Rizha ... Petitioners/aCCUSED 1 & 3 Vs.

1. State rep. by The Inspector of Police, Adhiramapattinam Police Station, Thanjavur District.

(Crime No.10 of 2011).

... Respondent-1/Complainant 2.Anwar Ali ... Respondent-2/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case pending in C.C.No.77 of 2012 on the file of the learned Judicial Magistrate Court, Pattukottai as against the petitioners. For Petitioners : Mr.R.Karunanidhi For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.N.M.Shajahan for R2.

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.77 of 2012 on the file of the Judicial Magistrate, Pattukottai.

2.The defacto complainant/Anwar Ali is present before this Court in person. He has been duly identified by Mr.P.Duraiarasan, Sub Inspector of Police, attached to first respondent police station. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. When the parties have https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19418 of 2021 arrived at an amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 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, Pattukottai.

2. The Inspector of Police, Adhiramapattinam Police Station, Thanjavur District.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate (SR-39613[F] dated 20/12/2021 ) Crl.O.P(MD)No.19418 of 2021 20.12.2021 USK (06.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2