Madras High CourtCRL OP(MD)/23028/2014allowed

Kather Ali v. The Inspector Of Police

2015-01-20Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.(MD)No.23028 of 2014 1.Kather Ali 2.Ayisha 3.Kajamaideen ... Petitioners / A1 to A3 Vs.

1.State rep. by The Inspector of Police, All Women Police Station, Thallakulam, Madurai (In Crime No.1 of 2014) ... 1st Respondent / Complainant 2.Kurshith Rani ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the charge sheet in C.C.No.602 of 2014 on the file of the learned Additional Mahila Court, Madurai and quash the same.

For Petitioners :

Mr.A.Mohamed Yusuf For Respondent-1 :

Mr.K.Anbarasan Government Advocate,(Crl. Side) (R2- Party appeared)

ORDER

This Criminal Original Petition has been filed praying to quash the proceedings in C.C.No.602 of 2014 on the file of the learned Additional Mahila Court, Madurai.

2. The learned Government Advocate (crl.side) submitted that the petitioners are accused for the offences punishable under Sections 498(A) and 406 I.P.C and Section 4 of Dowry Prohibition Act, in Crime No.1 of 2014.

3.The matter primarily is a matrimonial dispute. Today, the 2nd respondent / defacto complainant as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsels and both the parties have filed a compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the 2nd respondent / defacto complainant is not willing to prosecute the case.

4. Following the decision of the Honourable Apex Court in B.S.Joshi and others Vs. State of Haryana and another AIR 2003 SCC 1386 wherein it is held that it is the duty of the Court to encourage genuine settlement https://hcservices.ecourts.gov.in/hcservices/

of matrimonial disputes, this Court allows this petition. Accordingly, the proceedings in C.C.No.602 of 2014, on the file of the learned Additional Mahila Court, Madurai, shall stands quashed. Sd/- Assistant Registrar(Per.Admn) /True copy/ sub Assistant Registrar MPK To 1.The Additional Mahila Court, Madurai.

2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai

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

+1cc to MR.A.MOHAMED YUSUF,ADVOCATE IN SR NO.2350 CRL.O.P.(MD)No.23028 of 2014 20.01.2015 RG.14.02.2015 2P.5C.

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