Madras High CourtCRL OP(MD)/4593/2021allowed

Samsudeen Poopathi v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4593 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4593 of 2021 1.Samsudeen Poopathi 2.Khaja Mohideen @ Khaja Mydeen 3.Seinampu Nachiyar @ Jeinam Beevi 4.Rahamath Nissa 5.Syed Ibrahim ... Petitioners/Accused 1to 5 Vs.

1.State rep. by The Inspector of Police, All Women Police Station, Thoothukudi District.

(Crime No.16 of 2016) ... 1st Respondent / Complainant 2.Syed Ali Fathima ... 2nd Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with the impugned charge sheet in C.C.No.388 of 2018 (on the file of the learned Judicial Magistrate No.III, (All Women Police Station, Thoothukudi) and quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.G.Thalaimutharasu For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.S.P.Veerapandi for R2.

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.388 of 2018 on the file of the Judicial Magistrate No.III, Thoothukudi.

2.The defacto complainant/Syed Ali Fathima is present before this Court in person. She has been duly identified by Mrs.K.Parameswari, Grade I Constable, attached to first respondent police station. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4593 of 2021 in keeping the impugned prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

(ENCL: Joint compromise Memo) 1.The Judicial Magistrate No.III, Thoothukudi.

2.The Inspector of Police, All Women Police Station, Thoothukudi District.

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

Crl.O.P(MD)No.4593 of 2021 20.12.2021 SS(CO) SB(07.01.2022) 3P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2