Mohamed Farook v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Mohamed Farook

2. Mohammed Mydeen

3. Nisha @ Sabur Nisha

4. Saral Beevi

5. Jaffer Ali

6. Jinna @ Mohammed Ali Jinna ...

Petitioners Vs .

1.State rep. by The Inspector of Police, Achanpudur Police Station Achanpudur, Tirunelveli District.

(Crime No.315/2019) 2.Seyed Masoodu @ Syed Masoos ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with Cr.No.315 of 2019 on the file of the Inspector of Police, Achanpudur Police Station, Achanpudur Tirunelveli District and consequently quash the same on the ground of compromise forthwith.

For Petitioners : Mr.S.Palanivelayutham For R-1 : Mr.R.Anandharaj Additional Public Prosecutor For R-2 : Mr.M.Vaithilingam

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.315 of 2019 , on the file of the first respondent police, for an alleged offences under Sections 147,341,294(b),323,324 and 506(ii) of IPC.

2.The case is still at the stage of investigation. By passage 1/3

of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.A Joint Memo of Compromise 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 second respondent were also present in person before this Court and they were identified by Police. 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 First Information Report pending before the respondent police. 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 First Information Report in Crime No.315 of 2019 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.315 of 2019 , on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), and file a photocopy of the receipt along with a memo reporting compliance before the Registry and the 1st respondent on or before 27.11.2019, failing which, this order automatically stands cancelled without further reference to this Court and the first respondent can proceed with the investigation in Crime No. 315 of 2019.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) aav Encl:

Xerox copy of the Joint Compromise Memo.

2/3

To

1. The Inspector of Police, Achanpudur Police Station Achanpudur, Tirunelveli District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

1.

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

2.

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-99408[F] dated 19/11/2019 ) 19.11.2019 JMN(21.11.2019) 3P : 6C 3/3