Seeni Sathak Ali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. Seeni Sathak Ali
2. Althaf Hussain @ Althap
3. Hasan Abdul Kadar
4. Haja Isban
5. Junaitha Begam
...Petitioners/Accused
Vs.
1. The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.
(Crime No.85/2019) ...1st Respondent/Complainant 2.Seeni Thahira Banu ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the C.C No.66 of 2020 pending before the Judicial Magistrate, Additional Mahila Court, Ramanathapuram, Ramanathapuram District and quash the same and all further proceedings.
For Petitioner : M/s.B.Mahendrarajan For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.S.Balasubramanian
ORDER
The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.66 of 2020, on the file of the learned Judicial Magistrate, Additional Mahila Court Ramanathapuram, Ramanathapuram District, for an alleged offences under Sections 147, 294 (b), 323, 324 of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 1998.
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 have been signed by the petitioners and the second respondent and also by their respective counsel.
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4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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.66 of 2020 pending on the file of the learned Judicial Magistrate, Additional Mahila Court Ramanathapuram, Ramanathapuram District. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.
66 of 2020, on the file of the learned Judicial Magistrate, Additional Mahila Court Ramanathapuram, Ramanathapuram District, is quashed insofar as the petitioners alone and the terms of joint compromise memo 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 District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Accound No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 17.03.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) lr ENCL:Xerox Copy of Joint Compromise Memo To 1.The Judicial Magistrate, Additional Mahila Court, Ramanathapuram.
2.The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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COPY TO:
THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.
10.03.2022 SMV(CO) GC(14.03.2022) 3P 5C 3/3