Hayath Khan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16596 of 2023 1.Hayath Khan 2.H.Abdul Hakkim 3.H.Mohammed Kasim 4.Thiyagarajan 5.Imam Ali 6.Shahul Hameed 7.Mohan 8.Anandhapadmanaban
...Petitioners / Accused No.1-8
Vs.
1.The Inspector of Police, District Crime Branch, Thanjavur District.
(In Crime No.17 of 2015) ...1st Respondent / Complainant 2.Noor Faigira Begum ...2nd Respondent / Defacto Complainant 1/5
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating in C.C. No.294 of 2021 pending on the file of the Learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District and quash the proceedings. For Petitioner :Mr.R.Vivekananthan For Respondent :Mr.M.Vaikkam Karunanithi for R1 Government Advocate (Crl. Side) :Mr.R.Shunmathi Priya for R2 O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.294 of 2021 pending on the file of the Learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District.
2. The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.17 of 2015 for the offences punishable under Sections 465, 468, 471, 420 and 120(b), 467 and 109 of IPC against the petitioners. 2/5
3. The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.
4. The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.
5. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 10.09.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C. No.294 of 2021 pending on the file of the Learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, is quashed and the compromise memo is recorded.
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6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C. No.294 of 2021 pending on the file of the Learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 01.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To 1.The Judicial Magistrate, Thiruvaiyaru.
2.The Inspector of Police, District Crime Branch, Thanjavur District.
(In Crime No.17 of 2015) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
pnn Crl.O.P.(MD)No.16596 of 2023 01.11.2023 5/5