K.Abdul Vadhooth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD) Nos.9767 & 9768 of 2017
1) K.Abdul Vadhooth
2) A.Aub Khan
3) A.Akbar Ali
4) A.Mubarak Ali
5) A.Mohamed Aabith Sultan
6) N.Noor Mohamed
7) M.Mohamed Kaalith
8) M.Fathakulla
9) M.Appees Dheen
10) M.Sadhurdheen
11) K.Ajkar Ali
12) K.Settu @ Jamal Mohamed 13)M.Amirdheen Mohammed
14) M.Mohamed Farook
15) S.Mohamed Masthan
16) S.Syed Abuthahir
17. A.Jakubar Sadiq
18. P.Shajahan
19. Abdul Malik 1/4
20) B.Shahul Hameed
21) M.Siddik Ali
22) M.Humayum Kabeer
23) M.Mubarak Ali
24) A.Kadhar
25) A.Ayub Khan
26) A.Abdul Latheef
27) A.Ameer Suthan
28) A.Kareem Kani
29) B.Mansoor Ali
30) M.Sabi Mohammed
31) M.Raja Mohammed
32) M.Rabeek Raja
33) K.Sifayathullah
34) K.Ekshanullah
35) C.Ajkar Ali ... Petitioners/ Accused Nos.1 to 15, 17 to 36 Vs.
1. The Inspector of Police, Inamkulathur Police Station, Trichy District.(Crime No.93 of 2011) ... Respondent/ Complainant
2. A.M.Jaffer Ali
...Respondent/ De facto
Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in P.R.C.No.8 of 2017 on the file of the learned Judicial Magistrate Court No.V, Trichy in Crime No.93 of 2011 under Sections 147, 148, 341, 294(b), 506(ii), 115 ad 307 of IPC on the file of the respondent no.1 and quash the same as illegal as against these petitioners.
For Petitioners : Mr.T.Lajapathi Roy 2/4
For R 1 : Mr.S.Chandrasekar, Additional Public Prosecutor For R 2 : Mr.M,Arjun Varman
O R D E R
This Criminal Original Petition has been filed seeking to quash P.R.C.No.8 of 2017, pending on the file of the learned Judicial Magistrate Court No.V, Trichy in Crime No.93 of 2011.
2. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A joint memo of Compromise, dated 24.06.2019 has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the 2nd respondent were also present in person before this Court and they were identified by the Investigating Officer. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card and the same is made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in P.R.C.No.8 of 2017, pending on the file of the learned Judicial Magistrate Court No.V, Trichy in Crime No.93 of 2011.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.8 of 2017,pending on the file of the learned Judicial Magistrate Court No.V, Trichy in Crime No.93 of 2011 is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) 3/4
sts Encl:Xerox Copy of Joint Compromise Memo.
To
1) The Judicial Magistrate Court No.V, Trichy.
2) The Inspector of Police, Inamkulathur Police Station, Trichy District.
3) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-95080[F] dated 31/10/2019 ) Dated:
25.10.2019 KK/SAR/14.11.2019/4P-5C/ 4/4