Madras High CourtCRL OP(MD)/19712/2021allowed

Shafeek Ahamed v. The Inspector Of Police

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

Crl.O.P(MD)No.19712 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.19712 of 2021 1.Shafeek Ahamed@Shafeek 2.Asil Ahamed @Asil ... Petitioners/Accused No. 1 & 2 Vs.

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

(Crime No.357 of 2015) 2.Mohamed Haneef (Died) 3.Mohamed Ibrahim@ Ibrahim ... Respondents/Complainant, Defcto Complainant, Victim Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records relating to the FIR in Crime No.357 of 2015 on the file of the 1st respondent, quash the same against the petitioners/accused Nos.1 and 2. For Petitioners : Mr.A.Sheik Nasurdeen For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.A.Sivasubramanian for R3

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.357 of 2015 registered on the file of the first respondent.

2.The defacto complainant/Mohamed Ibrahim is present before this Court in person.

He has been duly identified by Mr.S.Duraiarasan, Special 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 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 FIR is quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (Records) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19712 of 2021 / /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.

ENCL: Xerox Copy of joint Compromise Memo To:

1.The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

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

+1 CC to M/s.A.FEROZ KHAN, Advocate ( SR-39801[F] dated 21/12/2021 ) Crl.O.P(MD)No.19712 of 2021 20.12.2021 SAR(CO) AP(12.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2