Madras High CourtCRL OP(MD)/12599/2015allowed

Shajahan v. The Inspector Of Police

2015-07-21Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.12599 of 2015

1. Shajahan

2. Ibrahim Ali @ Ibrahim Sherif

3. Najeema Begum ... Petitioners/ Accused 1 to 3 Vs.

1. State represented by the Inspector of Police, B1 Melur Police Station, Madurai District in Crime No.223 of 2015.

2. Mumtaj Begum ... Respondents/Complainant/ De facto complainant PRAYER: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to Crime No.223 of 2015 dated 23.03.2015 on the file of the Inspector of Police, Melur Police Station, Madurai District and quash the same.

For Petitioners : Mr.D.S.Haroon Rasheed For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side) For R2 : Mr.A.Balaji

O R D E R

This Criminal Original Petition is filed to quash the F.I.R. in Crime No.223 of 2015 dated 23.03.2015.

2. The petitioners are the accused Nos.1 to 3 for the alleged offence under Section 307 of I.P.C., in Crime No.223 of 2015 on the file of the first respondent. The de-facto complainant viz., Mumtaj Begum is the wife of the first petitioner and on her complaint, a case has been registered in Crime No.223 of 2015 for the alleged offence under Section 307 of I.P.C.

3. When the matter is taken up today for hearing, a Joint Compromise Memo dated 03.07.2015 has been filed by the petitioners and the second respondent duly signed by the parties and the learned counsel for the parties stated that there is no necessity to proceed further. It is also submitted by both the counsel that the second respondent is living with the first petitioner and on a query, the second respondent reiterated the same and she also submitted that there is no necessity to proceed further.

https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned Government Advocate (Crl.side).

5. Considering the facts and circumstances of the case and also taking note of the compromise memo, this Court is of the view that this is a fit case to quash the F.I.R. in Crime No.223 of 2015 pending on the file of the respondent police. Accordingly, the Criminal Original Petition is allowed and the case in Crime No.223 of 2015 pending on the file of the respondent police is hereby quashed. Akv Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar

1. The Inspector of Police, B1 Melur Police Station, Madurai District

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC to Mr.D.S. Haroon Rasheed, Advocate, SR.No.39643. Crl.O.P(MD).No.12599 of 2015 21.07.2015 2P/4C AM/20.08.2015.

https://hcservices.ecourts.gov.in/hcservices/