Madras High CourtCRL OP(MD)/19228/2016allowed

Mohammed Sherif v. The Inspector Of Police

2016-10-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19228 of 2016 1.Mohamed Sherif 2.Kathija Begum 3.Masbura Banu .. Petitioners/Accused Nos.1 to 3 -Vs1.State through The Inspector of Police, Silaiman Police Station, Madurai District.

(In Crime No.96 of 2014) ... Respondent /Complainant 2.Anish Fathima ... Respondent /Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records of charge sheet in C.C.No.16 of 2015 in Crime No.96 of 2014 pending on the file of the learned Additional Mahila Court, Madurai and quash the same as illegal.

For Petitioners : Mr.S.M.A.Jinnah For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.M.Kavshikan for R.2

O R D E R

This petition has been filed to call for the records of charge sheet in C.C.No.16 of 2015 in Crime No.96 of 2014 pending on the file of the learned Additional Mahila Court, Madurai and quash the same as illegal.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for 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.96 of 2014 for offence under Sections 323, https://hcservices.ecourts.gov.in/hcservices/

506(i)I.P.C., and Section 4 of TNPWH Act on the file of the first respondent and the respondent police, after investigation, filed a charge sheet and the same has been taken on file as C.C.No.16 of 2015 before the learned Additional Mahila Judge, Madurai. The said proceedings are challenged before this Court.

4. When the matter was called on 06.10.2016 both the petitioners 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 joint compromise memo dated 19.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that the petitioners are ready to donate Rs.10,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the petitioners 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 filed. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned proceedings in C.C.No.16 of 2015 on the file of the Additional Mahila Court, Madurai. is hereby quashed and the Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

1. The Additional Mahila Judge, Madurai.

2. The Inspector of Police, Silaiman Police Station, Madurai District.

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

Copy 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 Ssl CSL/CK/03.11.2016: 2P/5C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.19228 of 2016 18.10.2016