Madras High CourtCRL OP(MD)/19491/2021allowed

Sammil @ Mohamed Mushammil v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19491 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19491 of 2021 Sammil @ Mohamed Mushammil ... Petitioner/Accused Vs.

1.The State of Tamil Nadu Rep. by the Inspector of Police, Colachel Police Station, Colachel, Kanyakumari District.

(In Crime No.251 of 2018) ... Respondents/Complainant 2.Seyad @ Seyad Ali ... Respondents/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the chargesheet filed in C.C.No.146 of 2021 on the file of the Judicial Magistrate, Eraniel.

For Petitioner : Mr.C.R.Nimal For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.S.Suresh for R2

O R D E R

This criminal original petition has been filed to quash the proceedings in C.C.No.146 of 2021 on the file of the Judicial Magistrate, Eraniel.

2.The defacto complainant/Seyad @ Seyad Ali is present before this Court in person.

He has been duly identified by Mr.A.Vijayakumar, Sub Inspector of Police attached to first respondent police station. The parties have filed a memo of joint compromise dated 29.11.2021. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. When the parties have arrived at an amicable settlement https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19491 of 2021 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 (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Judicial Magistrate, Eraniel.

2.The Inspector of Police, Colachel Police Station, Colachel, Kanyakumari District.

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

Crl.O.P(MD)No.19491 of 2021 09.12.2021 MGJ(30.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2