Madras High CourtCRL OP(MD)/19187/2021allowed

Riyas Khan @ Mohammed Riyas Khan v. The Inspector Of Police

2021-12-13Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.19187 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19187 of 2021

1. Riyas Khan @ Mohammed Riyas Khan

2. Nasar @ Nasar Moulana ... Petitioners / Accused Nos.2 and & 3 Vs.

1. State rep. Through, The Inspector of Police, Keelakarai police station, Ramanathapuram District.

(Crime No.48 of 2011) ... 1st Respondent / Complainant

2. Sirajdeen ... 2nd Respondent / Defacto Complainant

3. Hameed Abdul Khader ... 3rd Respondent / Victim Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to quash the impugned final report made in C.C.No.58 of 2012 on the file of the Judicial Magistrate No.I, Ramanathapuram. For Petitioners : Mr.M.Sam Eugine Jebakumar For R-1 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R-2 & R-3 : Mr.R.Pragalathan

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.58 of 2012 on the file of the Judicial Magistrate No.I, Ramanathapuram.

3. The defacto complainant Sirajdeen as well as the victim Hameed Abdul Khader are present in person before me. They have been duly identified by Mr.T.Govindan, Special Sub Inspector of Police, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.19187 OF 2021

4. 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 proceedings are quashed. This criminal original petition is allowed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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.I, Ramanathapuram.

2. The Inspector of Police, Keelakarai police station, Ramanathapuram District.

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

Crl.O.P.(MD)No.19187 of 2021 13.12.2021 UR(CO) SB(30.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2