Madras High CourtCRL OP(MD)/20492/2021allowed

Munsi @ Sakline @ Meer Facrudeen Munshi v. The Inspector Of Police

2022-01-03Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.20492 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20492 of 2021

1. Munsi @ Sakline @ Meer Facrudeen Munshi

2. Syed Ahamed Ibrahim @ Ahamed Ibrahim

3. Syed Abdul Kather Ibrahim @ S.A.K.Ibrahim

4. Syed Abdul Salam Ibrahim @ Abdus Salam Ibrahim ... Petitioners / Accused Nos.1 to 4 Vs.

1. State rep. By, The Inspector of Police, Thideer Nagar police station, Madurai City.

(Crime No.82 of 2021) ... 1st Respondent / Complainant

2. Syed Ibrahim ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.669 of 2021 on the file of the learned Judicial Magistrate No.V, Madurai and quash the same as illegal.

For Petitioners : Mr.S.Nihar Ali For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.S.M.A.Jinnah

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the impugned proceedings.

3. The defacto complainant Mr.Syed Ibrahim is present in person before this Court through video conferencing. He has been duly identified by the police personnel 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 he does not want to pursue the matter.

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2 CRL.O.P.(MD)NO.20492 OF 2021

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed. The joint compromise memo dated 16.12.2021 shall form part of the order. Sd/- Assistant Registrar (CO) // 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.

To:

1. The Judicial Magistrate No.V, Madurai.

2. The Inspector of Police, Thideer Nagar police station, Madurai City.

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

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