Mohammed Daufiq v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18080 of 2023 1.Mohammed Daufiq 2.Azharuddin 3.Yunus 4.Shiek Ali 5.Suber 6.Abubakkar
...Petitioners / Accused No.1 to 6
Vs.
1.The State Rep. by, The Inspector of Police, Kudankulam Police Station, Tirunelveli District.
...1st Respondent / Complainant 2.Mohammed Bukari ...2ndRespondents / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records relating to the case in Crime in F.I.R No.247 of 2023 on the file of the 1st respondent and quash the same and consequently allow the present Criminal Original Petition and pass such further or other orders of this Court. 1/4
For Petitioner :Mr.S.Sekar For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.S.Pandeeswaran for R2 O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.247 of 2023 on the file of the 1st respondent police.
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.247 of 2023 for the offences punishable under Sections 147, 294(b), 323, 324 and 506(ii) of IPC against the petitioners.
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 2/4
identified by the learned Government Advocate 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 01.08.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.247 of 2023 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.
6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.247 of 2023, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 13.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn 3/4
G.ILANGOVAN. J.
pnn To 1.The Inspector of Police, Kudankulam Police Station, Tirunelveli District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.18080 of 2023 13.10.2023 4/4