Jahir Hussain, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).Nos.19529 & 19461 of 2016 and 965 of 2015 and Crl.M.P.(MD).Nos. 9826,9783, 9784 and 592 of 2016 and M.P.(MD).No.1 of 2015 Jahir Hussain .. Petitioner/A1 in Crl.O.P.(MD).Nos.19529 &19461/2016 Mahamuthua Beevi Kadar Moideen Noorul Kudha .. Petitioners/A2 to A4 in Crl.O.P.(MD)Nos.19461/2016 & 965/2015 Vs.
1.The State represented by The Inspector of Police, All Women Police Station(AWPS), Sri Rangam, Trichy District.
(In Crime No.20 of 2014) .. Respondent No.1/complainant in Crl.O.P.(MD).Nos.19529/2016 and 965/2015
2. Latha .. Respondent/Defacto Complainant in all cases Common Prayer: These Criminal Original Petitions are filed under Section 482 of Cr.P.C. praying to call for the entire records and quash the First Information Report in Crime No.20 of 2014 on the file of the respondent police and also to call for the records pertaining to the petition filed under the Protection of Women from Domestic Violence Act,2005 in D.V.C.No.40 of 2016 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli and quash the same as illegal. For Petitioners : Mr.K.K.Ramakrishnan in all cases For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) for R1 in Crl.O.P.(MD).
Nos.19529/2016 and 965/2015 Mr.T.Senthil Kumar for R2 in all cases
COMMON ORDER These petitions are filed to quash the First Information Report in Crime No.20 of 2014 on the file of the respondent police and also the proceedings in D.V.C.No.40 of 2016 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli. The issue and the accused persons in these petitions are one and the same, these petitions are taken up for disposal by way of common order.
2. Heard the learned Counsel for the petitioner, the learned counsel appearing for the second respondent/defacto complainant and the learned Government Advocate (Crl.Side) appearing for the State.
3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Crime No.20 of 2014 for the offences under Sections 498(A), 294(b), 506(ii) of I.P.C., read with Section 4 of the Tamil Nadu Women Harassment Act, on the file of the first respondent and the second respondent also filed a complaint in D.V.C.No.40 of 2016 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli, under the Protection of Women from Domestic Violence Act.
4. When the matter was taken up for hearing on 18.10.2016, both the petitioners as well as the second respondent are appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl. Side) through the respondent police and they categorically made a statement that the dispute between them have been settled amicably. They also filed a memo of compromise dated 19.10.2016 in all petitions, duly signed by both parties and counter signed by their respective Counsel and except A1, other petitioners appearance was dispensed with for further hearing. They would also further submit that they are willing to donate Rs.20,000/- to Harijan Sevak Sangh.
5. In view of the above, this Court permitted the petitioner to pay Rs.20,000/- 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 the appearance of the parties is dispensed with.
6. When the matter is taken up for hearing today, the payment receipt has been filed. 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 the above, these Criminal Original Petitions are allowed and the entire proceedings in Crime No.20 of 2014 for the offences under Sections 498(A), 294(b), 506(ii) of I.P.C., read with Section 4 of the Tamil Nadu Women Harassment Act, on the file of the
respondent police and the proceedings in D.V.C.No.40 of 2016 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli, is quashed. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.
2. The Inspector of Police, All Women Police Station(AWPS), Sri Rangam, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 3 CC TO Mr.T.SENTHIL KUMAR, ADVOCATE IN SR No. 62455, 62456, 62454 + 2 CC TO Mr.K.K.RAMAKRISHNAN, ADVOCATE IN SR No. 61488 PJL TE/KM : 09/11/2016 : 3P/9C Crl.O.P.(MD).Nos.19529 & 19461 of 2016 and 965 of 2015 and Crl.M.P.(MD).Nos. 9826,9783, 9784 and 592 of 2016 and M.P.(MD).No.1 of 2015 19.10.2016