Madras High CourtCRL OP(MD)/20569/2021allowed

Syed Ibrahim v. The Inspector Of Police

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

1 CRL.O.P.(MD)NO.20569 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.20569 of 2021

1. Syed Ibrahim

2. Babu

3. Saravanan @ Saravanan Thiyagunattamai ... Petitioners / Accused Nos.1 to 3 Vs.

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

(Crime No.83 of 2021) ... 1st Respondent / Complainant

2. Meer Fakrudeen Munshi ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.83 of 2021 on the file of the first respondent and quash the same as against the petitioners / accused Nos.1 to 3 as illegal.

For Petitioners : Mr.S.M.A.Jinnah For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.S.Nihar Ali

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.83 of 2021 registered on the file of the first respondent.

3. The defacto complainant Meer Fakrudeen Munshi 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.20569 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 First Information Report is quashed. This criminal original petition is allowed. The joint compromise memo dated 16.12.2021 shall form part of the record. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Encl:Photocopy of Compromise Memo attached.

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

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

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