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Madras High CourtCRL OP(MD)/18017/2022allowed

Shaik Abdullah v. The Inspector Of Police

2022-10-07Honourable Mrs Justice T.V.Thamilselvi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD)No.18017 of 2022 1.Shaik Abdullah 2.Bakrudeen 3.Mumthai Begam 4.Sakilabanu 5.Alavudeen ... Petitioners/Accused Nos.1 to 5 Vs 1.The State Represented by The Inspector of Police, ... 1st Respondent/Complainant 2.Benazir ... 2nd Respondent/Defacto Complainant For Petitioners : Mrs.N.Gayathri For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor For R2 :Mrs.A.Banumathy 1/5

PRAYER :-Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in connection with Crime No.261 of 2022 on the file of the 1st respondent police and quash the same. CRL OP(MD)No.18019 of 2022 1.Aaron @ Raja Mohamed 2.Ravuthar Appa 3.Kunaghemasthan 4.Bakkir Mohamed 5.Parakkath Nisha 6.Benazir ... Petitioners/Accused Nos.1 to 6 Vs 1.The State Represented by The Inspector of Police, (Crime No.260 of 2022) ... 1st Respondent/Complainant 2.Shaik Abdullah ... 2nd Respondent/Defacto Complainant For Petitioner : Mrs.A.Banumathy For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor For R2 :Mrs.N.Gayathri PRAYER :-Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in connection with FIR in Crime No.260 of 2022 on the file of the 1st respondent police and quash the same. 2/5

COMMON ORDER These Criminal Original Petitions are is filed to quash the FIR in Crime Nos.260 and 261 of 2022 dated 31.08.2022 on the file of the first respondent police.

2.Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. 3.The defacto complainant and the accused persons in both petitions are present in person before this Court. They have been duly identified by the prosecution and also the learned counsel for the petitioners. On enquiry, the defacto complainant in both petitions categorically submits that they are belong to one family and in order to maintain cordiality among the family members, they want to withdraw the complaint and did not want to proceed further against the petitioners. Since the parties have arrived at an amicable settlement, no purpose would be served in keeping the impugned prosecution alive. 3/5

4.Accordingly, the FIR in Crime Nos.260 and 261 of 2022 are quashed in respect of the petitioners. These Criminal Original Petitions are allowed.

07.10.2022 Ns/sn Index:Yes/No Internet:Yes/No To 1.The Inspector of Police,

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

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T.V.THAMILSELVI,J Ns/Sn

ORDER

IN CRL OP(MD) Nos.18017 and 18019 of 2022 Date : 07/10/2022 5/5