Mydeen Pitchai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2022
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.(MD) No.18034 of 2022 1.Mydeen Pitchai 2.Kadhar Ali 3.Satham Hussain 4.Raja Mohamathu 5.Syed Mohamed .. Petitioners/Accused Nos.1 to 5 Vs.
1.State represented by The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.
(Crime No.304/2018) .. Respondent/Complainant 2.Askar Mythein .. Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.304 of 2018 on the file of the 1st respondent/complainant and quash the same as against the petitioners/accused.
For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) 1/5
O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.304 of 2018 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.304 of 2018 for the offences punishable under Sections 147, 148, 294(b), 323 and 506(ii) of IPC against the petitioners.
3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl. Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.
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5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 06.10.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.304 of 2018 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.304 of 2018, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 06.10.2022 Index : Yes/No Internet : Yes/No TM 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. 3/5
To 1.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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T.V.THAMILSELVI. J.
TM 06.10.2022 5/5