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Madras High CourtCRL OP(MD)/2954/2025allowed

Muhamd Aliset @ Mohamed Ali Sait v. The State Of Tamilnadu

2025-02-27Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD)Nos.1984 & 1985 of 2025 1.Muhamd Aliset @ Mohamed Ali Sait 2.Uthuman Serif 3.Beer Maydeen @ Peer Mydeen ... Petitioners Vs.

1.The State of Tamil Nadu, Represented by, The Sub Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

Crime No.82 of 2019.

2.Maymoon Parveen ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to call for the records pertaining to the case registered in Charge Sheet in C.C.No.402 of 2020 on the file of the Additional Mahila Court, Tirunelveli, Tirunelveli District and quash the same as illegal so far as this petitioner is concerned.

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For Petitioners : Mr.G.Anto Prince For R-1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R-2 : Mr.M.Surya

ORDER

This petition has been filed by the petitioners to call for the records pertaining to the C.C.No.402 of 2020 on the file of the learned Additional Mahila Court, Tirunelveli, Tirunelveli District and quash the same.

2. According to the petitioners, the defacto complainant is relative to the petitioners. Based on the complaint given by the second respondent/defacto complainant, the police has registered an FIR in Crime No.82 of 2019. After investigation filed Final Report and the Trial Court has taken cognizance for the offences under Sections 448, 294(b), 324 and 506(2) of the Indian Penal Code, 1860 and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

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3. When the matter was taken up for hearing, the learned Counsels on both sides represented that during pendency of the case in C.C.No.402 of 2020, the matter has been amicably settled between the parties and they have entered into a compromise and the same was filed before this Court.

4. Today, the defacto-complainant and all the accused are present and the defacto-complainant represented that they entered into a compromise as the petitioners are relative. A compromise memo, dated 24.12.2024 signed by the parties, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences, the relationship between the parties and they have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise, this petition is allowed and C.C.No. 402 of 2020 on the file of the learned Additional Mahila Court, Tirunelveli, Tirunelveli District is quashed. The compromise memo, dated 24.12.2024 filed 3/5

by the parties shall form part of this order. Consequently, connected Miscellaneous Petitions stand closed.

27.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Sub Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

2.The Additional Mahila Court, Tirunelveli, Tirunelveli District.

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

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P.DHANABAL, J.

BTR 27.02.2025 5/5