← Library
Madras High CourtCRL OP(MD)/1752/2023allowed

Mansoor Ali v. The Inspector Of Police

2024-09-06Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)Nos.1561 of 2023 & 16348 of 2022 CRL OP(MD). No.1752 of 2023 Mansoor Ali ... Petitioner Vs.

1.The State rep. by The Inspector of Police, (Crime No.28 of 2022) 2.Parashanaruhi ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the entire records to the F.I.R in Crime No.28 of 2022 pending on the file of the Inspector of Police, Paramakudi All Women Police Station, Ramanathapuram District and quash the same.

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 : Mr.M.Iniyavan for R2 1/6

CRL OP(MD). No.23064 of 2023 1.JabbarAli 2.Purukkana Beevi 3.Nasrin Rinosa 4.Rahmath Nisha ... Petitioners Vs.

1.The State rep. by The Inspector of Police, (Crime No.28 of 2022) 2.Parshanaruhi ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the entire records to the F.I.R in Crime No.28 of 2022 pending on the file of the Inspector of Police, Paramakudi All Women Police Station, Ramanathapuram District and quash the same.

For Petitioners : Mr.R.L.Dhilipan Pandian For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 : Mr.M.Iniyavan for R2 COMMON ORDER These Petition are filed to quash the F.I.R in Crime No.28 of 2022 pending on the file of the Inspector of Police, Paramakudi All Women Police Station, Ramanathapuram District.

2/6

2. The learned counsel for the petitioners seeks to quash the cases on compromise.

3. Joint compromise memo in both the cases are filed before this Court. The husband Manzoor Ali, who is the petitioner in Crl.O.P. (MD)No.1752 of 2023, and the wife Parshanaruhi are present before the Court. On questioning this Court, both of them seemed to understand the terms of compromise. They have resolved the marital conflict and have joined and are living together as husband and wife. In view thereof, since both these cases are arising out of the matrimonial discord, in view of the dictum laid down by the Honourable Supreme Court of India in B.S.Joshi and ors., Vs. State of Haryana and anr., reported in (2003) 4 SCC 675 and others and the subsequent judgments, since the parties have rejoined together, this is a fit case for exercise of powers under Section 482 of the Code of Criminal Procedure. The joint memorandum of compromise shall also form part and parcel of the order. The other accused persons, who are the petitioners in Crl.O.P.(MD)No.23064 of 2024, are also present before this Court.

3/6

4. In view thereof, these Criminal Original Petitions stand allowed the F.I.R in Crime No. 28 of 2022 on the file of the All Women Police Station, Paramakudi, shall stand quashed. Consequently, connected Miscellaneous Petitions are closed.

06.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS 4/6

TO

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

5/6

D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) Nos.1752 of 2023 & 23064 of 2022 Date : 06.09.2024 6/6