Wahith Ibrahim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.17524 & 17520 of 2023

1. Wahith Ibrahim

2. Syed Mohamed Warees ... Petitioners / Accused Nos.2 and 3 Vs.

1.State Rep by the Inspector of Police, Sempatti Police Station, Dindigul District.

(In Crime No.146 of 2010) 2.Illayaraja ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the Impugned Final report in S.C.No.174 of 2019 dt.19.12.2019 on the file of the Learned Principal District Judge, Dindugul District and Quash the same.

For Petitioners : Mr.SMA.Jinnah 1/5

For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mrs.Sevanthi

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the Impugned Final report in S.C.No.174 of 2019 dated 19.12.2019 on the file of the Learned Principal District Judge, Dindugul District and quash the same.

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.146 of 2010 for the offences punishable under Sections 147, 148, 294(b), 427, 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. 2/5

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor 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 13.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in S.C.No.174 of 2019 on the file of the Learned Principal District Judge, Dindugul District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.174 of 2019 dated19.12.2019 on the file of the Learned Principal District Judge, Dindugul District, is hereby quashed in respect of the petitioners and the terms of joint compromise 3/5

memo shall form part of this order. Consequently, connected miscellaneous petitions are closed.

15.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note: Issue order copy on 18.12.2023 pnn To 1.The Principal District Judge, Dindugul District. 2.The Inspector of Police, Sempatti Police Station, Dindigul District. (In Crime No.146 of 2010) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN , J.

pnn 15.12.2023 5/5