Madras High CourtCRL OP(MD)/23214/2023allowed

Samsul Rahman @ Samsul Rahuman v. The Inspector Of Police

2024-03-08Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.(MD)Nos.23214 & 23071 of 2023 Crl.O.P.(MD)No.23214 of 2023

1. Samsul Rahman @ Samsul Rahuman

2. Pousul @ Pousal Ali Jinna

3. Bashir Mohammed @ Basher Ahamed 4.Subayar Ameer ... Petitioners Vs.

1. The Inspector of Police, (In Crime No.395 of 2020)

2. Naina Mohammed ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the case in F.I.R in Crime No.395 of 2020 on the file of the first Respondent Police and to quash the same.

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For Petitioners : Mr.M.Suresh For R-1 : Mr.M.Veeranthiran Government Advocate (Crl. side) Crl.O.P.(MD)No.23071 of 2023 1.S.Kamatchisundaram

2. K.Rajapriyan

3. G.Naina Mohamed

4. Sundaram ... Petitioners Vs.

1. The Inspector of Police, (In Crime No.394 of 2020)

2. Mohammed Yaseen ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the case in F.I.R in Crime No.394 of 2020 on the file of the first Respondent Police and to quash the same.

For Petitioners : Mr.D.Karthick Raja For R-1 : Mr.M.Veeranthiran Government Advocate (Crl. side) 2/5

COMMON ORDER The learned Counsel for the Petitioners submitted that the Petitioners in Crl.O.P.(MD)No.23214 of 2023 are arrayed as A1 to A4 in Crime No.395 of 2020 on the file of the Inspector of Police, Mimisal Police Station, Pudukkottai District. The second Respondent/de-facto Complainant in Crime No.395 of 2020 is the third accused in Crime No.394 of 2020 on the file of the very same Police Station. The second Respondent/de-facto Complainant is the son of the fourth accused in Crime No.395 of 2020. 2.The Petition in Crl.O.P.(MD)No.23071 of 2023 is filed by the accused 1 to 4 in Crime No.394 of 2020 on the file of the first Respondent and the Petition in Crl.O.P.(MD)No.23214 of 2023 is filed by the accused 1 to 4 in Crime No.395 of 2020 on the file of the very same Police Station. 3.

The learned Counsel for the Petitioners and the learned Counsel for the de-facto Complainants had filed Joint Compromise Memo stating that the accused and the de-facto Complainant had arrived at a compromise. 4.The learned Government Advocate (Criminal Side) on instructions of the Respondent Police would submit that the compromise arrived at between the parties are bonafide.

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5.In the light of the joint memo, filed by both the parties through their respective Counsels, the F.I.R in Crime No.395 of 2020 and the F.I.R in Crime No.394 of 2020 on the file of the Inspector of Police, Mimisal Police Station, Pudukottai District, are quashed.

6.In view of the above, both the Criminal Original Petitions are allowed.

08.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No jbr To 1.The Inspector of Police, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP, J., jbr Crl.O.P.(MD)Nos.23214 & 23071 of 2023 08.03.2024 5/5