Mohamed Yusuf v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.547 of 2019 1.Mohamed Yusuf 2.Syed Meera 3.Sahul Hameed 4.Sathila 5.Fathima Famila @ Fathima Kani 6.Bowsiya @ Ayisha Powsiya 7.Munavara @ Munavara Sulthana 8.Benazir @ Fathima Benazir 9.Feroz @ Feroz Ahamed 10.Jaffer @ Jaffer Ali : Petitioners/Accused Nos.1 to 10 Vs.
1.State represented by The Inspector of Police, Town All Women Police Station, Madurai.
(Crime No.18 /2014) : Respondent/Complainant 2.Sarabanu : Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge sheet in C.C.No.107 of 2017 on the file of the learned Additional Mahila Court, Madurai and quash the same.
For Petitioner : Mr.K.Jegan For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.107 of 2017, on the file of the Additional Mahila Court, Madurai.
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. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they https://hcservices.ecourts.gov.in/hcservices/
were identified by M.Rajalakshmi, Women Head Constable, All Women Police Station, Madurai. 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 proceedings in C.C.No.107 of 2017, 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.107 of 2017.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.107 of 2017, on the file of the Additional Mahila Court, Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/-, each as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Ta ENCL.: XEROX COPY OF COMPROMISE MEMO.
To 1.The Additional Mahila Court, Madurai.
2.The Inspector of Police, Town All Women Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. COPY TO The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.[MD]No.547 of 2019 28.02.2019 TR (25.03.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/