The Court allowed a criminal original petition filed under Section 482 Cr.P.C. to quash an FIR. The defacto complainant stated he did not wish to pursue the complaint, and a joint compromise memo dated 25.11.2021 was filed, leading to the quashing of the proceedings.
The impugned FIR registered under Crime No.101 of 2019 is quashed.
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Crl.O.P(MD)No.5017 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.5017 of 2021
1.Basheer @ Basheethu Ali
2.Shahul @ Shadul Milhaj
3.Abul @ Abul Hashan 4.Riyasudeen @ Riyas Khan
... Petitioners/Accused No.1 to 4
Vs.
1.State rep by The Sub Inspector of Police, Thirupullani Police Station, Ramanathapuram District. (In Crime No.101 of 2019) ... Respondent / Complainant
2.Sahubar Ali @ Sahubarli ... Respondent / Defacto Complainant
Prayer : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to impugned FIR in Crime No.101 of 2019 on the file of the respondent police and quash the same as against these petitioners.
For Petitioners : Mr.S.A.S.Alaudeen For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1. Mr.A.Mohamed Nathim for R2.
O R D E R
This criminal original petition has been filed to quash the impugned FIR in Crime No.101 of 2019 registered on the file of the first respondent.
2.The defacto complainant/Sahubar Ali @ Sahubarli is present before this Court in person. He has been duly identified by Mr.G.Ramamoorthy, Sub Inspector of Police attached to first respondent police station. The defacto complainant categorically states before this Court that he does not want to pursue the https://hcservices.ecourts.gov.in/hcservices/ complaint. The parties have also filed a memo of joint compromise
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Crl.O.P(MD)No.5017 of 2021
dated 25.11.2021. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed.
Assistant Registrar (CS III)
ias
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 Sub Inspector of Police, Thirupullani Police Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.A.S.ALAUDEEN, Advocate (SR-37368[F] dated 06/12/2021)
Crl.O.P(MD)No.5017 of 2021 06.12.2021
KM(CO) SB(17.12.2021) 2P 4C
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1 issue framed by the court
Whether the impugned FIR in Crime No.101 of 2019 be quashed in view of the parties having arrived at an amicable settlement via a joint compromise memo.
1 provisions across 1 enactments
Basheer @ Basheethu Ali and others
State rep by The Sub Inspector of Police, Thirupullani Police Station
Sahubar Ali @ Sahubarli
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
