Sathakkathul Thasthaheer v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.2756 of 2025 1.Sathakkathul Thasthaheer, 2.Mohammed Akkiputheen.
... Petitioners/Accused Nos.1 & 2 vs.
1.The State of Tamil Nadu rep. by the Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram.
(Cr.No.1 of 2020) 2.Jahira Banu.
... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to S.T.C.No.826 of 2021 on the file of the Judicial Magistrate Court, Paramakudi, Ramanathapuram in FIR in Crime No.1 of 2020 dated 09.01.2020 on the file of the first respondent police and quash the same. Page No. 1 of 5
For petitioners : Mr.K.Palmurugan For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) for R1 Mr.K.Yasar Arafath for R2 *****
O R D E R
This petition has been filed by the petitioners to call for the records pertaining to S.T.C.No.826 of 2021, on the file of the Judicial Magistrate Court, Paramakudi, Ramanathapuram, for the offences under Sections 294(b), 354A, 341, 323, 498(A) and 506(1) of IPC and Section 4 of Dowry Prohibition Act, 1961, in FIR in Crime No.1 of 2020 dated 09.01.2020 and quash the same.
2. According to the petitioners, due to the family dispute between the family members, the defacto complainant/second respondent lodged a complaint. Based on the complaint given by the second respondent/defacto complainant, the police has registered FIR in Crime No.1 of 2020 dated 09.01.2020, for the offences under Sections 294(b), 354A, 341, 323, 498(A) and 506(1) of IPC and Section 4 of Dowry Prohibition Act, 1961.
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3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in S.T.C.No.826 of 2021, the matter has also been amicably settled between the parties and to that effect, they have entered into a compromise memo and the same was filed before this Court.
4. Today, the defacto-complainant and all the accused are present and this Court enquired about the terms of compromise. The defactocomplainant represented that she is the wife of the first petitioner and daughter-in-law of the second petitioner, due to family dispute, she lodged the complaint. Now, they entered into a compromise as they are family members. A compromise memo, dated 08.02.2025 signed by the parties and their respective counsels, 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.
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7. Recording the said compromise memo, this petition is allowed and S.T.C.No.826 of 2021 on the file of the Judicial Magistrate Court, Paramakudi, Ramanathapuram, is quashed. The compromise memo dated 08.02.2025 filed by the parties shall form part of this order. 18.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd Crl.OP(MD) No.2756 of 2025 18.02.2025 Page No. 5 of 5