Madras High Court
Jafar Sathick @ Jaffar Sadik vs State Rep. Through on 25 April, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.7652 of 2022
and
Crl.M.P(MD) No.5306 of 2022
1. Jafar Sathick @ Jaffar Sadik
2. Thameem Ansari @ Thamimul Ansari
3. Mohamed Asan @ Mohamed Hasan
4. Mohamed Raheem @ Mohamed Rahim
5. Farook Abdulla ...Petitioners
Vs.
1. State rep. through
The Inspector of Police,
Town South Police Station,
Dindigul.
(In Crime No.630 of 2021)
2. Jamal Mohamed ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
call for the records of impugned First Information Report in Crime No.630 of
2021 on the file of the respondent No.1 police station and quash the same as
illegal.
For Petitioners : Mr.A.Mohamed Riyaz
For Respondent : Mr.R.M.Anbunithi
No.1 Additional Public Prosecutor
For Respondent : Mr.A.Abdul Kabur
No.2
https://www.mhc.tn.gov.in/judis
2
ORDER
The Criminal Original Petition has been filed to quash the FIR in Crime No.630 of 2021, on the file of the first respondent police.
2. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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 First Information Report in Crime No.630 of 2021 pending on the file of the first respondent police.
https://www.mhc.tn.gov.in/judis 3
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.630 of 2021, on the file of the first respondent police, is quashed and the terms of joint compromise memo 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) on or before 20.05.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected Miscellaneous Petition is closed.
25.04.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order btr Note: Issue order copy on or before 12.05.2022. https://www.mhc.tn.gov.in/judis 4 To
1. The Inspector of Police, Town South Police Station, Dindigul.
2.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 5 G.K.ILANTHIRAIYAN.J., btr Crl.O.P.(MD) No.7652 of 2022 and Crl.M.P(MD) No.5306 of 2022 25.04.2022 https://www.mhc.tn.gov.in/judis