Madras High Court
Ashief @ Ashief Ahammed vs State Rep on 23 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.884 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.884 of 2025
1.Ashief @ Ashief Ahammed
2.Tharik @ Mohamed Thariq
3.Rahuman @ Abdul Rahman
4.Akbar @ Akbar Ali
5.N.Bilal ... Petitioners
Vs.
1.State rep.,
The Inspector of Police,
Thilagar Thidal Police Station,
Madurai City.
Crime No.280 of 2024
2.Zahik Hussain ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records pertaining to the first information report in Crime
No.280 of 2024 dated 07.09.2024 on the file of the first respondent the
Inspector of Police, Thilagar Thidal Police Station, Madurai District and
quash the same.
For Petitioners : Mr.J.Mohamed Ibrahim
For R1 : Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side) \
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.884 of 2025
For R2 : Mr.K.Yasar ARafath
ORDER
The Criminal Original Petition has been filed to quash the First
Information Report in Crime No.280 of 2024 on the file of the first
respondent Police.
2. The case of the prosecution is that two persons came in the
Bazar, out of which one person came to the defacto complainant's mobile
shop and another person came to the petitioners' shop. A person, who
came to the defacto complainant's shop, called another person, who came
to the petitioners shop, to the defacto complainant's shop. Hence, the
petitioners abused the defacto complainant, assaulted and also
threatened. The defacto complainant was sustained injury. Hence, the
case.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the second
respondent has lodged a complaint before the first respondent Police and
on that basis, F.I.R. came to be registered in Crime No.280 of 2024,
dated 27.06.2024 for the offences under Sections 147, 294(b), 323, 324
and 506(2) of IPC against the petitioners.
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4. The case is still under the investigation. By passage of time, the
parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
5. A Joint Memo of Compromise, dated 22.01.2025, has been filed
before this Court, which has been signed by the petitioners and the
second respondent and also by their respective counsel. The petitioners
and the second respondent were also present in person before this Court
and they were identified by Mr.M.Balasubramaniyan, SSI of Police,
Thilakar Thidal Police Station, Madurai District, as well as by the
learned counsels appearing for the parties. This Court also enquired both
the parties and was satisfied that the parties have come to an amicable
settlement between themselves.
6. In the instant case, where the parties have compromised the
matter, the High Court has power to quash the complaint for the offences
under Sections 147, 294(b), 323, 324 and 506(2) of IPC.
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Punjab and another reported in
https://www.mhc.tn.gov.in/judis
(2012)10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of
Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.
8. In the light of the guidelines issued in the above said Judgments
of the Hon'ble Apex Court, no useful purpose will be served in keeping
the proceedings in Crime No.280 of 2024, pending before the first
respondent Police, even though, the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.280 of 2024, on the file of the
first respondent Police, is quashed and the terms of joint compromise
memo dated 22.01.2025, shall form part and parcel of this order.
23.01.2025
NCC : Yes / No
Index : Yes / No
Rmk
https://www.mhc.tn.gov.in/judis
To
1.The Inspector of Police,
Thilagar Thidal Police Station,
Madurai City.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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M.NIRMAL KUMAR, J.
Rmk
23.01.2025
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