Syed Abuthahir v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.9722 of 2023 and Crl.MP.Nos.6359 & 6360 of 2023 1.Syed Abuthahir 2.Mushira Banu .. Petitioner/Accused 1 & 2 vs.

1.State rep.by The Inspector of Police W1, All Women Police Station Thousand Lights Chennai 600 006.

..1st respondent/Complainant 2.Mrs.Irfana ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pending in C.C.No.28 of 2022, on the file of the Court of Additional Mahila Metropolitan Magistrate Court, Egmore, Chennai for ffences u/s.498-A r/w 34 IPC.

For Petitioner : Mr.C.Arun Kumar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 Mr.S.Xavier Felix for R2

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.28 of 2022, on the file of the Court of Additional Mahila Metropolitan Magistrate Court, Egmore, Chennai.

2. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.Memorandum of Compromise dated 22.11.2023, filed by the petitioner and the 2nd respondent has been filed before this Court which has been signed by the petitioner and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent were also present in person before this Court. In the memorandum of compromise, it has been stated that the petitioners and the 2nd respondent have entered into a compromise and amicably settled their issues in C.C.No.28 of 2022, on the file of the Court of Additional Mahila Metropolitan Magistrate Court, Egmore, Chennai.

4. Under such circumstances, no useful purpose will be served in keeping the case 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 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of

Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the proceedings in C.C.No.28 of 2022, on the file of the Court of Additional Mahila Metropolitan Magistrate Court, Egmore, Chennai. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in in C.C.No.28 of 2022, on the file of the Court of Additional Mahila Metropolitan Magistrate Court, Egmore, Chennai, is hereby quashed and the terms of Memorandum of Compromise shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed. 28.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To

1. The Inspector of Police W1, All Women Police Station Thousand Lights Chennai 600 006.

2.Additional Mahila Metropolitan Magistrate Court, Egmore, Chennai.

3. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.9722 of 2023 28.02.2024