Mohamed Maheen v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAYAN Crl.O.P.No.15968 of 2017 and Crl.M.P.Nos.9909 & 9910 of 2017 Mohamed Maheen ... Petitioner Vs.

1. The Inspector of Police, W-12, All Women Police Station, Harbour, Chennai 600 001.

2. Aasifa Banu W/o.Mohamed Maheen.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to quash the proceedings in C.C.No.560 of 2017 on the file of the VII Metropolitan Magistrate, George Town, Chennai. For Petitioner : Mr.D.Abdullah For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

For R2 : Mr.H.Yasmeen ******

O R D E R

The Criminal Original Petition has been filed seeking to quash the the proceedings in C.C.No.560 of 2017 on the file of the VII Metropolitan Magistrate, George Town, Chennai.

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

3. An affidavit of the 2nd respondent/defacto complainant has been filed before this Court. The parties were also present before the Court and they were identified by the investigating officer. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.560 of 2017, on the file of the learned VII Metropolitan Magistrate, George Town, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.560 of 2017, on the file of the VII Metropolitan Magistrate, George Town, Chennai, is quashed and the terms of compromise mentioned in the affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To

1. The Inspector of Police, W-12, All Women Police Station, Harbour, Chennai 600 001.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.D.Abdullah, Advocate, S.R.No.12661 Crl.O.P.No.15968 of 2017 and Crl.M.P.Nos.9909 & 9910 of 2017 LN(CO) SSM(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/