S.Noor Bhasha v. Iop Awps Kallakurichi Vilpurm

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.30140 of 2018 1.S.Noor Bhasha 2.Fathimaa @ Fathima Bee 3.Mohammed Ghouse Khan 4.M.Ashma @ Sanakhan 5.Meharoon @ Meharunnisa ... Petitioners Vs.

1.State represented by, The Inspector of Police, All Women Kallakurichi Police Station, Villupuram District.

(Crime No.31 of 2013) 2.M.Jubaitha ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash the charge sheet in S.C.No.228 of 2018 pending on the file of learned Principal District and Sessions Judge (Mahila Court), Villupuram, in Crime No.31 of 2013 on the file of first respondent and quash the same. For petitioner : Mr.R.Vivekananthan For R-1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C.No.228 of 2018 on the file of the learned Principal District and Sessions Judge (Mahila Court), Villupuram for an alleged offence under Sections 147, 376, 506(i), 323 of IPC r/w Section 4 of Tamil Nadu Prohibition Women Harassment Act 2002.

2. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. https://hcservices.ecourts.gov.in/hcservices/

3. The affidavit of the petitioner and the affidavit of the second respondent has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card which are made part of the record. In the affidavit it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in S.C.No.228 of 2018. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.31 of 2013.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.228 of 2018, on the file of the learned Principal District and Sessions Judge, (Mahila Court), Villupuram, is quashed and the affidavit filed by the parties and shall form part and parcel of this order. Sd/- Deputy Registrar //True Copy// ub/ssr Sub Assistant Registrar To

1. The Principal District and Sessions Judge (Mahila Court), Villupuram

2. The Inspector of Police, All Women Kallakurichi Police Station, Villupuram District.

3. The Additional Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Vivekananthan, Advocate, S.R.No.89594 Crl.O.P.No.30140 of 2018 SSM(08/01/2019) https://hcservices.ecourts.gov.in/hcservices/