Allowed

Segu Ismail v. The Inspector of Police

Madras HC19 Apr 2022CRL OP(MD)/2474/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court quashed the charge sheet in CC No.220 of 2018 under Section 482 Cr.P.C., relying on a joint compromise memo signed by parties under Supreme Court guidelines, despite the offences being non-compoundable.

What did the court decide?

Proceedings in CC No.220 of 2018 quashed; Joint Memo of Compromise made part of the order; petitioners directed to pay Rs.5,000 costs to CMPRF.

Segu Ismail Vs The Inspector of Police — Quashing and FIR | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022 CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.2474 of 2022 and Crl.M.P(MD) Nos.1827 and 1828 of 2022

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1.Segu Ismail

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Aribu

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Usman Ali

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Syed Kaadi

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Salim @ Mohamed Salim

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Seeni Nasif

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Sagul Hameed

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Nagoor @ Nagoor kani

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Thulkipu

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Mohmed Ali @ Parrakath

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Mohmed Ali @ Moahmed Aliyar

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...Petitioners

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Vs.

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The Inspector of Police Thiruppulani Police Station Ramanathapuram District

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Kaja Mohideen ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the impugned charge sheet in CC No.220 of 2018 on the file of the Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District and quash the same as illegal against the petitioners.

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For Petitioners : Mr.D.Balamurugapandi For Respondents : Mr.B.Thanga Aravindh No.1 Government Advocate(Crl.Side) No.2 : Mr.J.Suresh

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ORDER

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The Criminal Original Petition has been filed to quash the proceedings in CC No.220 of 2018 on the file of the Judicial Magistrate No.I, Ramanathapuram.

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2 .The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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https://hcservices.ecourts.gov.in/hcservices/

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3. A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel. The parties were present before this Court and they were identified by their respective counsels.

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Under such circumstances, no useful purpose will be served in keeping the CC No.220 of 2018 on the file of the Judicial Magistrate No.I, Ramanathapuram, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in CC No.220 of 2018.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.220 of 2018 on the file of the Judicial Magistrate No.I, Ramanathapuram, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) or before 29.04.2022 and produce the receipt before the concerned court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(AS)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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aav

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Encl.: xerox copy of Joint Compromise memo. To 1. The Judicial Magistrate No.I, Ramanathapuram

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The Inspector of Police Thiruppulani Police Station Ramanathapuram District

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The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

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https://hcservices.ecourts.gov.in/hcservices/

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The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.D. BALAMURUGAPANDI, Advocate ( SR-19877[F] dated 20/04/2022 )

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Crl.O.P.(MD) No.2474 of 2022

19.04.2022

VR(CO)

TR(21.04.2022) 3P 6C

https://hcservices.ecourts.gov.in/hcservices/

Segu Ismail v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Segu Ismail v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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