Mohamed Diwan @ Mohamed Divan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14873 of 2025

1. Mohamed Diwan @ Mohamed Divan

2. Irbanul Hak @ Irfanul Hack

3. Mohamed Asaraf @ Mohamed Ash ... Petitioners Vs.

1.The State of Tamil Nadu, represented by the Inspector of Police, Tenkasi Police Station, Tenkasi.

(In Crime No.433/2025).

2.Abubakker Sithik

...Respondents

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records of impugned FIR in Crime No.433 of 2025 on the file of the Respondent No.1 Police Station and quash the same as illegal as against the petitioners.

For Petitioners : Mr.A.Abdulkabur For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R2 : Mr.O.Alubu 1/9

ORDER

This petition has been filed to quash the FIR in Crime No.433 of 2025 on the file of the first respondent for the alleged offences under Section 296(b), 115(2) and 351(3) of BNS, 2023 and Section 4 of Prohibition of Harassment of Women Act, 2002.

2. The allegation made in the First Information Report is that on 05.06.2025, on account of an earlier dispute, the petitioners attacked the defacto complainant / second respondent, his wife and mother, abused them in filthy language, threatened them with dire consequences and thus committed the aforesaid offence.

3. Admittedly, in respect of the same incident, the second respondent had lodged another complaint, which was registered in Crime No.432 of 2025. Now the parties have entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo, dated 09.09.2025 and the scanned copy of the compromise memo reads as follows: 2/9

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4. The petitioners (1.Mohamed Divan - Aadhar No.630226697216, 2.Irfanul Hack - Aadhar No.629009992888, 3.Mohamed Ashraf - Aadhar No. 669287298247) and the second respondent (Abubakkar Sithik - Aadhar No. 659269025782) are present before this Court in person. They are identified by Mr.P.Ponnusamy, Special Sub Inspector of Police, Tenkasi Police Station, Tenkasi District. All the parties confirmed the compromise arrived at between them.

5. In view of the same and considering the nature of the offences and the relationship between the parties, this Court is of the view that no useful purpose would be served by keeping the impugned FIR pending investigation. Accordingly, the impugned FIR in Crime No.433 of 2025 dated 08.06.2025 is quashed and the Criminal Original Petition stands allowed. 10.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 7/9

To 1.The Inspector of Police, Tenkasi Police Station, Tenkasi.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.14873 of 2025 10.09.2025 9/9