Mr.Abdul Mansoor Ahmed v. Mrs.Nazeem Banu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.O.P.No.27542 of 2014 and M.P.No.1 of 2014 1.Abdul Mansoor Ahmed 2.Raja Mohamed 3.Rajathi 4.Fairoz Anees Fathima ..Petitioners Vs.

1.Nazeem Banu 2.Minor Jassina Adhiba represented by her mother Mrs.Nazeem Banu .. Respondents Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for records in D.V.No.26 of 2014 on the file of learned Judicial Magistrate, Tambaram and quash the same as against the petitioners.

For Petitioners : Mr.A.Parveen For Respondents : Mr.Bader Sayeed

O R D E R

Petitioners seek quash of proceedings in D.V.No.26 of 2014 on the file of learned Judicial Magistrate, Tambaram.

2. First petitioner and first respondent are husband and wife. Petitioners 2 to 4 are in-laws of first respondent. Second respondent is the daughter of first petitioner and first respondent. Respondents moved D.V.No.26 of 2014 on the file of learned Judicial Magistrate, Tambaram, seeking return of sreedhana articles and compensation towards damages. Seeking quash of such proceedings, the present petition has been moved.

3. Heard learned counsel for petitioners and learned counsel for respondents.

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Presently, a joint compromise memo signed by both parties as also the respective counsel informing settlement of disputes between them and payment of a sum of Rs.7,50,000/- by first petitioner to respondents in full and final settlement, is filed. The same also informs that the first petitioner will not claim custody of the child in future. Following the decision of the Honourable Apex Court in B.S.Joshi and others Vs. State of Haryana and another [AIR 2003 SCC 1386], this Court allows this petition. The proceedings in D.V.No.26 of 2014 on the file of learned Judicial Magistrate, Tambaram, is quashed. The joint compromise memo and the Talaq (Mubara'a) Nama entered into between parties shall form part of the record. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gm To The Judicial Magistrate, Tambaram.

+1cc to Mr.Praveen, Advocate, S.R.No.18919 +1cc to Mr.Bader Sayeed, Advocate, S.R.No.18464 Crl.O.P.No.27542 of 2014 TM(CO) RS(17/04/2017) https://hcservices.ecourts.gov.in/hcservices/