In Crl.O.P.No.1943 of 2017
1.I. Kalibathullah
2.Ibrahim
3.Yasmin
4.Sabeena
5.Mumtaj
6.Sadiq Basha ..Petitioners Vs
1.The State rep by Inspector of Police, Singarapettai Police Station, Singarapettai Post, Uthangarai Taluk, Krishnagiri District.
2.Ayoob Khan ..Respondents Prayer in Crl.O.P.No.10156 of 2017: Criminal Original Petition filed under
Section 482 Cr.P.C. to call for the records in S.C.No.19 of 2011, pending on the file of the Assistant Sessions Court at Uthangarai.
Prayer in Crl.O.P.No.1943 of 2017: Criminal Original Petition filed under
Section 482 Cr.P.C. to quash the private complaint in PRC.No.39 of 2013 pending on the file of the District Munsif cum Judicial Magistrate, Uthangarai and as a same is clear abuse of the process of Court and abuse the process of law.
For Petitioners in both : Mr.T. Arockia Doss For Respondent/police : Mr.P.Govindarajan, Additional Public Prosecutor :Mr. E.Kannadasan for Complainant in both
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C O M M O N O R D E R The prayers sought for in the Crl.O.P.No.10156 of 2017 is to call for the records in S.C.No.19 of 2011, on the file of the Assistant Sessions Court at Uthangarai and in Crl.O.P.No.1943 of 2017 is to quash the private complaint in PRC.No.39 of 2013 pending on the file of the learned District Munsif cum Judicial Magistrate, Uthangarai.
2.Pending Criminal Original Petitions, the defacto complainant and the petitioners herein, have amicably resolved the dispute between themselves and accordingly, they have entered into a compromise and filed a Joint Memo of Compromise dated 12.09.2017.
3.The defacto complainant as well as the petitioners are personally present before this Court and also have been identified themselves. The affidavits of the defacto complainant dated 02.06.2017 are also filed to the effect that the defacto complainant has no objection to quash the proceedings in S.C.No.19 of 2011, on the file of the Assistant Sessions Court at Uthangarai and the complaint in PRC.No.39 of 2013 pending on the file of the learned District Munsif cum Judicial Magistrate, Uthangarai respectively.
4.Accordingly, the proceedings in S.C.No.19 of 2011 on the file of the Assistant Sessions Court at Uthangarai and the private complaint in P.R.C.No.39 of 2013 on the file of the learned District Munsif cum Judicial Magistrate, Uthangarai are quashed. The Criminal Original Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed.
13.09.2017 Index:Yes nl/dp Note:Issue today.
To
1.The Assistant Sessions Court, Uthangarai.
2.TheDistrict Munsif cum Judicial Magistrate, Uthangarai
3.The Inspector of Police, Singarapettai Police Station, Singarapettai Post, Uthangarai Taluk, Krishnagiri District.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, nl/dp Crl.O.P.Nos.10156 & 1943 of 2017 and Crl.M.P.Nos.1395 & 1396 of 2017 13.09.2017