Ghouse Khan, M/A 32 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2018
CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.14695 of 2018 Ghouse Khan Inayathulla Zamrooth Farzana Petitioners/Accused 1 to 4 vs.
State represented by the Inspector of Police A.W.P.S., Thudiyalur Police Station Coimbatore District (Cr. No.34 of 2017) Shehnaz .. Respondents/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records relating to Cr. No.34 of 2017 on the file of the respondent Police, Coimbatore and quash the same as far as the petitioners are concerned.
For petitioners :
Mr. V. Sakkarapani For R1 Mrs. Kritika Kamal, P.
Government Advocate For R2 : Mr. K. Balasubramanian
ORDER
This Criminal Original Petition has been preferred seeking to call for the records relating to Cr. No.34 of 2017 on the file of the respondent police, Coimbatore and quash the same as far as the petitioners are concerned.
Shehnaz (the second respondent herein) got married to Ghouse Khan (the first petition herein) on 31.07.2016 and post marriage, they got estranged on account of marital discord. On the complaint lodged by Shehnaz, the first respondent police registered a case in Cr. No.34 of 2017 under Sections 498-A, 506
(i) and 406 IPC against the petitioners herein, for quashing which, this Criminal Original Petition has been preferred on the ground that the parties have arrived at a compromise. Today, the petitioners/accused and Shehnaz are present. Shehnaz has filed an affidavit, wherein, she has stated as under:
"2.
I submit that based on the complaint lodged by me, the first respondent registered a case against the petitioners in Cr. No.34/2017 for offences under Sections 498-A, 506(i) and 406 IPC on 24.12.2017. Thereafter, the petitioners moved an anticipatory bail before this Hon'ble High Court of Madras in Crl.O.P. No.1513 of 2018 and when the anticipatory bail petition came before this Hon'ble Court at that time the petitioners requested and refer the matter to the Mediation Center and this Hon'ble Court also referred the case to the Mediation Center. I further submit that dispute between us has been settled and this Hon'ble Court also granted bail to the petitioners on 13.03.2018. I further submit that I and the 1st petitioner are now living together happily. I have decided to withdraw the pending case against the petitioners. I submit that me and my husband have entered into a joint compromise that we undertake and assure that each of us will not lodge any complaint against each other in future.
I submit that I am filing this affidavit reporting the compromise and seeking quash of the proceedings in Cr. No.34 of 2017 pending on the file of the 1st respondent, Coimbatore as against the petitioners."
In view of the above, the prosecution in Cr. No.34 of 2017 on the file of the first respondent police is quashed as against all the accused/petitioners and as a sequel, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar cad
To The Inspector of Police A.W.P.S. Thudiyalur Police Station Coimbatore District The Public Prosecutor High Court of Madras Chennai - 600 104 +1cc to Mr. V. Sakkarapani, Advocate, S.R.No.35594 Crl.O.P. No.14695 of 2018 sks(co) cs/19/06/18