Aswak Hussain @ Syed Mohamed Shazuli v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16272 of 2025 and Crl.M.P(MD) No.10255 of 2024 Aswak Hussain @ Syed Mohamed Shazuli ... Petitioner/Accused No.2 Vs.
1.The State of Tamilnadu, Rep by the Inspector of Police, Thideer Nagar Police Station, Madurai District.
(Crime No.673 of 2015).
... 1st Respondent/Complainant 2.Sundara Mahalingam ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/Section 528 of BNSS, 2023, to call for the records pertaining to the FIR in Crime No.673 of 2015 on the file of the 1st respondent and quash the same in so for as petitioner concerned.
For Petitioners : Mr.M.Shakul Hameed For R-1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R-2 : Mr.D.S.Haroon Rasheed 1/5
ORDER
The petitioner seeks to quash the First Information Report in Crime No.673 of 2015 on the file of the 1st respondent Police, registered for the offences punishable under Section 147, 148, 341, 324, 294(b), 506(ii) of IPC.
2. The allegation in the impugned FIR is that the petitioner occupied the front portion of the shop of the defacto complainant, when the same was questioned by the defacto complainant, the petitioner and others abused him in filthy language, attacked him and threatened him of dire consequences and thus, committed the aforesaid offences.
3. Admittedly, the petitioner and the second respondent have now entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 17.04.2025. It is brought to the notice of this Court that the FIR against the co-accused has already been quashed by this Court in Crl.O.P(MD) Nos.7606 and 7438 of 2025, vide orders dated 25.04.2025 and 23.04.2025 respectively. 2/5
4. The petitioner and the second respondent, namely, Sundara Mahalingam (Aadhaar No.3654 5037 7818) are present before this Court in person. They are identified by the Police officer attached to the first respondent Police. All the parties confirmed the compromise arrived at between them.
5. In view of the same, considering the nature of the offences and since this Court has already quashed the FIR against the co-accused, this Court is of the view that no useful purpose would be served in keeping the impugned FIR pending investigation. Accordingly, the impugned FIR in Crime No.673 of 2015, dated 10.09.2015 on the file of the first respondent Police Station, is quashed and the Criminal Original Petition stands allowed. The joint compromise memo, dated 17.04.2025 shall form part of this order. Consequently, connected Miscellaneous Petition is closed. 10.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/5
To 1.The Inspector of Police, Thideer Nagar Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN, J.
Indu Crl.O.P(MD).No.16272 of 2025 10.11.2025 5/5