Shaik Abdullah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Shaik Abdullah 2.Yasar @ Mohammed Yasar 3.Irfan @ Irfan Deen 4.Azar @ Azarudeen ... Petitioners/A1 to A4 Vs.
State through by
1. The Inspector of Police Athiramappattinam Police Station, Thanjavur District.
(Crime No.197 of 2018) ... 1st Respondent/Complainant 2.Palanivel ... Respondent No.2/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating pertaining to Crime No.197 of 2018, dated 06.09.2018 on the file of the Inspector of Police, Athiramapattinam Police Station,Thanjavur District and quash the same.
For Petitioners : Mr.D.S.Haroon Rasheed For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Mr.A.Balaji
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 197 of 2018, on the file of the Inspector of Police, Athiramapattinam Police Station, Thanjavur District. 2.The case is still at the stage of investigation. 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 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 Mr.Durai Arasan, SSI. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
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4.The learned Government Advocate (Criminal Side) submitted that there are two victims, in which, the second respondent is one of the victims.
5. The learned counsel for the petitioners submitted that already the dispute has been compromised between the parties. He also undertakes that other victim will not pursue the matter once again after this compromise.
6.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. 197 of 2018, on the file of the Inspector of Police, Athiramapattinam Police Station,Thanjavur District.
7. It is represented by the learned counsel for the petitioners that the petitioners paid 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 filed the original cash receipt along with a memo on 29.11.2019. The said submission is placed on record.
8. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 197 of 2018, on the file of the Inspector of Police, Athiramapattinam Police Station,Thanjavur District, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (records) // True Copy // Sub Assistant Registrar(CS ) das Encl.: Xerox copy of joint compromise memo To
1. The Inspector of Police Athiramappattinam Police Station, Thanjavur District.
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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.D.S. HAROON RESHEED, Advocate ( SR-102719[F] dated 29/11/2019 ) 29.11.2019 MK (18.12.2019) 3P 4C 3/3