Petitioner sought cancellation of anticipatory bail granted to the accused alleging non-compliance. Court noted parties claimed amicable settlement with money recovered. Petition and Crime No.391 of 2019 quashed.
The petition is disposed of. Crime No.391 of 2019 is quashed. No need to keep the FIR pending.
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CRL MP(MD) No.3673 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Eighth day of December Two Thousand and Twenty
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL MP(MD) No.3673 of 2020 IN CRL OP(MD) No.258 of 2020
VAVA BHUHARDEEN ... PETITIONER/DEFACTO COMPLAINANT
1 JAI SANKAR
2 THE STATE REP.BY.,
THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT
CRIME NO.391 OF 2019 ... ACCUSED No.1/RESPONDENT/ COMPLAINANT
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the anticipatory bail petitions granted to the 1st respondent Crl.OP.(MD).258 of 2020 dated 09/01/2020.
Order :This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.M.JEGADEESH PANDIAN, Advocate for the petitioner and of MR.R.ANAND, Advocate for the 1st Respondent, and MR.A.ROBINSON, Government Advocate(Crl.Side) on behalf of the 2nd Respondent, the Court made the following order:-
Heard the learned counsel on either side.
2.The accused in this case was granted anticipatory bail on certain conditions. Alleging that the conditions have not been complied with, this Miscellaneous Petition has been filed for cancellation of the anticipatory bail.
3.When the matter was taken up for hearing, it is submitted by the learned counsel for the defacto complainant and the counsel for the accused that the issues has been amicably settled. The complainant informs the Court that since he has got his money back, the prosecution can be terminated.
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CRL MP(MD) No.3673 of 2020
4.The learned counsel for the accused also states that he had already prepared an affidavit and has taken signatures also.
5.Since all the parties are present before this Court through web hearing and the learned counsel affirm that the issue has been amicably resolved, I am of the view that there is no need to keep the FIR pending. Therefore, Crime No.391 of 2019 on the file of the Inspector of Police, Othakadai Police Station, Madurai District, is also quashed. This Miscellaneous Petition is disposed of on the above terms.
sd/08/12/2020
/ TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1.THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3.THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL MP(MD) No.3673 of 2020 IN CRL OP(MD) No.258 of 2020 Date :08/12/2020 RMI PK/JC/SAR-II/21.12.2020 : 2P/5C
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3 issues framed by the court
Whether the anticipatory bail granted to the accused should be cancelled due to alleged non-compliance of conditions given the amicable settlement.
Whether the case should be terminated and the FIR quashed upon the parties' representation of amicable settlement.
Whether the court needs to keep the FIR pending upon the finding of an amicable resolution.
VAVA BHUHARDEEN
JAI SANKAR
THE STATE REP.BY., THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
