Madras High CourtCRL OP(MD)/18108/2016allowed

Mohammed Haizer v. The Sub Inspector Of Police

2016-09-26Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18108 of 2016 1.Mohamed Haizer 2.Jala Mera Hamam 3.Rahiyudeen @ Rafideen .. Petitioners/Accused 1 to 3 -Vs1.State through the Sub-Inspector of Police, Thiruppullani Police Station, Thiruppullani, Kilakarai Taluk, Ramanathapuram District.

(Crime No.185 of 2016) .. 1st Respondent/complainant 2.Mangaleswari ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to quash the proceedings in F.I.R.in Cr.No.185 of 2016, dated 29.07.2016 on the file of the first respondent.

For Petitioners : Mr.J.M.Hassanul Bazari For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1

O R D E R

This petition has been filed to call for the records in Crime No.185 of 2016 pending investigation on the file of the first respondent and quash the same to the petitioner alone.

2. Heard the learned Counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Cr.No.185 of 2016 for offences under Sections 294(b), 323, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, on the file of the first respondent. The said F.I.R. is challenged before this Court.

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4. When the matter was called on 22.09.2016 both the petitioner as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a memo of compromise dated 19.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are ready to donate Rs.10,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.10,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been produced. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned F.I.R. in Cr.No.185 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed.

Sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To:

HERE IN ENTER THE XEROX COPY OF JOINT COMPROMISE MEMO 1.The Sub-Inspector of Police, Thiruppullani Police Station, Thiruppullani, Kilakarai Taluk, Ramanathapuram District.

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

3 Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 +1 cc to MR.J.M.HASSANUL BAZARI, Advocate Sr.No.55880 Crl.O.P.(MD) No.18108 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 26.09.2016 SMA/SS-3/18/10/2016 :2P/5C