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2025 DAILYLAW 32215 (MAD)

JANAB MOHAMED ARSHAD MODI v. THE STATE REP BY

CRL OP/6407/2024 · 2025-03-21

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.6407 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6407 of 2024 and Crl.M.P.No.4723 of 2024 1. Janab Mohamed Arshad Modi 2. Nusrath Fathima ... Petitioners Vs. 1. The State Rep by The Inspector of Police, AWPS – Anna Nagar Police Station, Chennai. Crime No.19 of 2023. 2.Nazia Haseen ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Cr.No.19 of 2023 pending on the file of the respondent police Inspector of Police, AWPS – Anna Nagar Police Station, Chennai and quash the same. For Petitioners : Mr.V.S.Senthilkumar For Respondents For R1 : Mr.K.Vinothraja Government Advocate (Crl.Side) For R2 : Mr.A.Amalraj https://www.mhc.tn.gov.in/judis Crl.O.P.No.6407 of 2024 O R D E R This Criminal Original Petition has been filed to quash the FIR in Crime No.19 of 2023 on the file of the first respondent, registered for the offences under Sections 498(A), 109, 34 of IPC, Section 4 of the Dowry Prohibition Act, 1961. 2. Pending this petition, 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 has been signed by the petitioner and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, 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 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6407 of 2024 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the FIR in Crime No.19 of 2023 pending investigation on the file of the first respondent. 5. In view of the above, the FIR in Crime No.19 of 2023 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,500/-, (Rupees two thousand five hundred only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 6. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 21.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts https://www.mhc.tn.gov.in/judis Crl.O.P.No.6407 of 2024 G.K.ILANTHIRAIYAN, J. rts To 1.The Inspector of Police, AWPS – Anna Nagar Police Station, Chennai. 2. The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No.6407 of 2024 and Crl.M.P.No.4723 of 2024 21.03.2025 https://www.mhc.tn.gov.in/judis