Mohammed Iqbal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5682 of 2016 Mohammed Iqbal .. Petitioner Vs.

1.State rep.by its Inspector of Police, Karungalpalayam Police Station, Erode.

(Crime No.271/2013) 2.J.Ameena Farhana .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in C.C.No.202 of 2013 on the file of the Judicial Magistrate No.I, Erode in Crime No.271 of 2013 on the file of the first respondent and quash the same. For Petitioner : Mr.D.Prasanna For Respondents : Mr.C.Emalias Additional Public Prosecutor (For R1) Ms.Thenmozhi (For R2)

ORDER

The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.202 of 2013on the file of the Judicial Magistrate No.I, Erode in Crime No.271 of 2013 on the file of the first respondent and quash the same.

2.Today (18.03.2016), petitioner and the second respondent, their respective counsel and the learned Additional Public Prosecutor were present and their identification is also verified by this Court. The second respondent filed a consent affidavit stating that even though the case has been registered against the petitioner for the offences punishable under Sections 448, 294(b), 427 and 506(i) of lPC, she has no objection for quashing the proceedings in C.C.No.202 of 2013 on the file of the learned Judicial Magistrate No.I, Erode. https://hcservices.ecourts.gov.in/hcservices/

3.Considering the nature of allegation and also considering the consent affidavit filed by the second respondent, this Court is of the opinion that no useful purpose would be served by allowing the trial to proceed with. Therefore, the entire proceedings in C.C.No.202 of 2013 on the file of the learned Judicial Magistrate No.I, Erode is hereby, quashed and this Criminal Original Petition is allowed accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kkd To 1.The Inspector of Police, Karungalpalayam Police Station, Erode.

2.The Judicial Magistrate No.I, Erode.

3.The Chief Judicial Magistrate, (for injformation), Erode.

4.The Public Prosecutor High Court, Chennai.

+1 cc to Mrs.D.Prasanna, Advocate, sr. 17632 Crl.O.P.No.5682 of 2016 ctk co kra 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/