Madras High CourtCRL OP(MD)/20316/2021allowed

Zulfiqar Ali Baig v. The Inspector Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20316 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20316 of 2021 and CRL.M.P.(MD)No.11530 of 2021

1. Zulfiqar Ali Baig

2. Fathima Jinah

3. Rizwanabegum ... Petitioners / Accused Nos.1,3 & 5 Vs.

1.The State rep. By, The Inspector of Police, All Women police station, Thilagarthidal, Madurai City.

(Crime No.6 of 2021) ... Respondent / Complainant

2. Z.Shafiqbanu ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records of the case in Crime No.6 of 2021 on the file of the first respondent police and quash the same as far as the petitioners / accused Nos.1,3 and 5 are concerned. For Petitioners : Mr.S.Balaji For R-1 : Mr.A.Albert James, Government Advocate (Crl. Side).

For R-2 : Mr.T.Balaji * * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.6 of 2021 registered on the file of the first respondent.

3. The defacto complainant Ms.Shafiqbanu is present before this Court through video conferencing. She has been duly identified by Ms.P.Sujatha, WHC-3354, attached to the first respondent police station and the same has been duly confirmed by Mr.A.Albert James, learned Government Advocate. The parties have filed a joint compromise memo. The defacto complainant states that she does not want to pursue the matter.

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Crl.O.P.(MD)No.20316 of 2021

4. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report is quashed. Since the impugned First Information Report is quashed in toto, the benefit of this order will enure in favour of the nonpetitioning accused also. This criminal original petition is allowed. The joint compromise memo dated 05.01.2022 shall form part of the record. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 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.

ENCL: Xerox Copy of Joint Compromise Memo To:

1.The Inspector of Police, All Women police station, Thilagarthidal, Madurai City.

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

+1 CC to M/s.P.SAMUEL GUNASINGH, Advocate (SR-813[F] dated 07/01/2022 ) +1 CC to M/s.S.BALAJI, Advocate ( SR-819[F] dated 07/01/2022 ) Crl.O.P.(MD)No.20316 of 2021 06.01.2022 kk(CO) GC(25.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2