Mohammed Faizul v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P(MD)No.19894 of 2024 and Crl.M.P.(MD)No.12262 of 2024 Mohammed Faizul ... Petitioner -Vs1.The State of Tamil Nadu, Rep by The Inspector of Police, CCD-III, Theni, Theni District.
(In Crime No.2 of 2023) 2.Arul Arokia Sebastin ... Respondents Prayer: Criminal Original Petition - filed under Section 528 of Bharatiya Nagarik Shuraksha Sanhita, to call for the records pertaining to the impugned First Information Report in Crime No.2 of 2023 dated 19.01.2023 on the file of the first respondent police station and quash the same as illegal so far as the petitioner is concerned. For Petitioner : Mr.SMA.Jinnah For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Ms.K.Veni
ORDER
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.2 of 2023 on the file of the first respondent Police.
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2. The case of the prosecution is that the petitioner acting as Vinothini and Geetha had cheated the second respondent, as if the petitioner is doing export business and made the second respondent to invest a huge amount in that business for better profit. By believing the words of the petitioner, the second respondent invested a sum of Rs.7,17,900/-. Thereafter, on coming to know that the said Vinothini and Geetha are none other than the petitioner, the second respondent lodged a complaint before the respondent police.
3. The learned counsel appearing for the petitioner would submit that the second respondent has lodged a complaint before the first respondent Police and on that basis, F.I.R. came to be registered in Crime No.2 of 2023, dated 19.01.2023 for the offences under Sections 417, 420 IPC r/w Section 66 (d) of the Information Technology Act, 2008.
4. The case is still under the investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
5. A Joint Memo of Compromise, dated 22.11.2024, has been filed before this Court, which has been signed by the petitioner and the second 2/5
respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.P.Krishnan, SSI of Police, Theni Cyber Crime Police Station, Theni District as well as by the learned counsel appearing for the parties. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
6. In the instant case, the petitioner is the only accused. The petitioner by using some other names, had cheated the petitioner and now they compromised the matter amicably. The High Court has power to quash the complaint even if the offences are non compoundable in nature, considering the facts and circumstances of the case.
7. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012)10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.
8. In the light of the guidelines issued in the above said Judgments of the Hon'ble Apex Court, no useful purpose will be served in keeping the proceedings in Crime No.2 of 2023, pending before the 3/5
first respondent Police, even though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 of 2023, on the file of the first respondent Police, is quashed and the terms of joint compromise memo dated 22.11.2024, shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 28.11.2024 Index : Yes/No Internet : Yes/No ta To 1.The Inspector of Police, CCD-III, Theni, Theni District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR,J.
ta Crl.O.P(MD)No.19894 of 2024 28.11.2024 5/5