Mohamed Bilal v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.Nos.10165 and 12730 of 2016 Mohamed Bilal ... Petitioner in Crl.OP.10165/16/Accused 1.S.Imran Khan 2.A.Saleema Begum 3.Kadhar Meeran ... Petitioners in Crl.OP.12730/16/Accused Vs.

1.State rep by its The Inspector of Police, W-12, All Woman Police Station, Harbour Range, Chennai.

(Cr.No.1 of 2011) 2.Mahboob Jailani ... Respondents in both Crl.OPs/Complainant /Defacto Complainant Common Prayer : Criminal Original Petitions filed under Section 482 of Cr.P.C., to call for the records in CC.No.2897 of 2011 on the file of the III Metropolitan Magistrate Court, George Town, Chennai and quash the same.

For Petitioner/s : Mr.T.Muruganantham in both Crl.OPs For 1st respondent : Mr.C.Emalias, APP in both Crl.OPs C O M M O N O R D E R These petitions have been filed to quash the proceedings in CC.No.2897 of 2011 on the file of the III Metropolitan Magistrate Court, George Town, Chennai.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. On a complaint lodged by Mahbood Jailani/2nd respondent herein, the 1st respondent police registered a case in Crime No.1 of 2011 on 02.07.2011 under Sections 498[A], 294[b], 506[ii] and 109 IPC read with Sections 3 and 4 of DP Act against the petitioners/accused herein, challenging which, the accused are before this Court for quashing the CC.No.2897 of 2011, on the ground that the parties have arrived at an amicable settlement.

4. Today, the de facto complainant/2nd respondent herein is present and she has filed a Compromise Memo, wherein, she has stated as follows:

"3. I submit that against all the accused herein, I gave the complaint before W-12, AWPS, Chennai who in turn registered a case in Crime No.1 of 2011 for the alleged offences under Sec 498[A], 294[b], 506[ii] and 109 IPC and the respondent completed the investigation and laid final report and the same is pending in CC.No.2897 of 2011 before this Hon'ble Court.

4. I submit that during the pendency of the above case, a compromise was reached between me and my husband and my in-laws for reunion and accordingly I joined with my husband and I am living with my husband forgetting all the differences which I had with my husband and in-laws. Now I am pregnant.

5. I submit that since a compromise is reached between me and my husband and in-laws no useful purpose is going to be served in conducting the above case further. By recording the compromise reached between me and my husband and in-laws this Hon'ble Court may compound the offence."

5. In view of the above, these petitions are allowed and the proceedings in CC.No.2897 of 2011 on the file of the III Metropolitan Magistrate Court, George Town, Chennai is hereby quashed against all the accused.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Metropolitan Magistrate-III, George Town, Chennai.

2.The Inspector of Police, W-12, All Woman Police Station, Harbour Range, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Muruganantham, Advocate Sr.33589 Crl.O.P.Nos.10165 & 12730 of 2016 msm[co] srg 30/06/2016