Kalilur Rahman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.3182 of 2022 1.Kalilur Rahman 2.Bour Nisha 3.Kamal Batcha ...

Petitioners/Accused No. 2 to 4 Vs.

1.State rep. by The Inspector of Police, Karuppayurani Police Station, (In Crime No.395 of 2017) Madurai District.

... Respondent/Complainant 2.Jainamb Nadheera ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and to quash the C.C.No.81 of 2019 pending on the file of the learned Additional Mahila Judge, (JM Level), Madurai.

For Petitioners : Mr.V.A.Dhana Aravindha Balaji for M/s.Dhana Law Associates For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.R.Rajamohan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.81 of 2019 on the file of the learned Additional Mahila Judge, (JM Level), Madurai for an alleged offences under Sections 294(b), 323, 341 and 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

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

3.A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel.

https://hcservices.ecourts.gov.in/hcservices/ 4.Under such circumstances, no useful purpose will be served in keeping the C.C.No.81 of 2019 pending on the file of the learned

Additional Mahila Judge, (JM Level), Madurai, 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 charge sheet in C.C.No.81 of 2019. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.81 of 2019 pending on the file of the learned Additional Mahila Judge, (JM Level), Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai, on or before 18.02.2022.

Sd/- Assistant Registrar (CS I) // True Copy // 16/02/2022 Sub Assistant Registrar(CS) sji To 1.The Additional Mahila Judge, (JM Level), Madurai 2.The Inspector of Police, Karuppayurani Police Station, Madurai District.

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

Copy to The Officer in Charge, High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai +2 CC to M/s.DHANA LAW ASSOCIATES, Advocate ( SR-6133[F] dated 15/02/2022 ) Crl.O.P.(MD).No.3182 of 2022 15.02.2022 MGJ(16.02.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/