Afroz Rehan Kokan v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.19136 of 2019

1. Afroz Rehan Kokan

2. Zd. Mohammed Akbar

3. Thahera Akbar

...Petitioners/A1 to 3

Vs.

1. State represented by its The Inspector of Police, W-7, Anna Nagar, All Women Police Station, Chennai.

... 1st Respondent/Complainant

2. Sajia Fathima ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the criminal proceedings in C.C.No.1285 of 2015 on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai. For Petitioners : Mr.H.Manivannan For Respondents : Mr.C.Raghavan Government Advocate for R1 (Crl.Side) Mr.G.Mani Prabhu for R2

ORDER

The Criminal Original Petition has been filed to call for the records in C.C.No.1285 of 2015 on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

2. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A joint memo of Compromise, dated 13.01.2019, has been filed before the Hon'ble Supreme Court of India in SLP (Crl.) No.2296 of 2018 and the same was accepted by the Hon'ble Supreme Court and an order to that effect has been made on 18.02.2019. In the affidavit filed along with this petition it https://hcservices.ecourts.gov.in/hcservices/

has been stated that the parties had entered into a compromise and amicably settled their issues before the Hon'ble Supreme Court.

4. Under such circumstances, no useful purpose will be served in keeping the case pending. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in C.C.No.1285 of 2015 on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.1285 of 2015 on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order.

ENCL:Xerox Copy of Memo of Compromise Attached. Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar ssr To

1. The Chief Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, W-7, Anna Nagar All Women Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.H.Manivannan, Advocate, S.R.No. 64075 CRL.OP.No.19136 of 2019 SV(CO) GN(13/08/2019) https://hcservices.ecourts.gov.in/hcservices/