LAWS(MAD)-2019-9-268

JAHIR HUSSAIN Vs. INPECTOR OF POLICE

Decided On September 26, 2019
Jahir Hussain Appellant
V/S
Inpector Of Police Respondents

JUDGEMENT

(1.) The Criminal Original Petition has been filed to quash the charge sheet in S.C.No.682 of 2019 is pending on the file of the Principal District and Sessions Judge, Madurai as against the petitioner herein.

(2.) The learned counsel appearing for the petitioner submitted that the complaint has been lodged alleging that A1 Lajana Thul Deeniya belongs to wakf trust and the trust office is functioning in the said building and the defacto complainant, Abdul Malik and Mohamed Siddqueraja maintained the office and on 25.11.2016 when the defacto complainant and others were in that office, the petitioner/accused, who has been involved in various cases in murder, Ganja and forgery, came to their office and told that he leased the godown to one Nadar and hence, he threatened them to vacate the premises and run away from the office and threatened the defacto complainant and others and demanded Rs.50,000/- for bribe per month, failing which they would face the consequences and since the petitioner was were accused in various cases, they kept quiet on that day and on 27.11.2016, they went to the respondent police and lodged a complaint as against the accused and on 28.11.2016, at about 4.00 p.m., when the defacto complainant and others were in their office, the accused trespassed into their office with sickle and abused them with filthy language and if they did not heed his words, he will kill all of them and hence, the defacto complainant and others run to Vehkalakadai road and the accused stopped them with sickle and tried to attack his head, however, the defacto complainant escaped from the attck and since the public raised a sound, the petitioner ran away from the occurrence place by saying another day, he would kill all of them and entered into their office and looted the table, chair and damaged some documents worth about Rs.10,000/- and hence, the defacto complainant lodge a complainant before the respondent and on receipt of the same, the respondent police registered the case in Crime No.1527 of 2016 and charge sheet also filed for the offence under Sections 294(b), 341, 448, 506(ii), 307 of I.P.C. read with 3(1) of TNPPDL Act. The learned Principal District and Sessions Judge, Madurai has taken cognizance for the said offences in S.C.No.682 of 2018 and it is pending for trial.

(3.) The learned counsel appearing for the petitioners further submitted that the petitioners and the defacto complainant amicably settled their issues and decided to put an end to the criminal case. They also entered into joint compromise memo on 23.04.2019. Therefore, he prayed for quashment of the proceedings.