Sheik Meeran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20202 of 2016

1) Sheik Meeran

2) Sybunisha

3) Sougpar Sadiq Sheik Meeran @ Sougpar Sadiq .. Petitioners 1 to 3 /Accused 1 to 3 Vs.

1. The State, represented by the Inspector of Police, All women Police Station, Dindigul Town, Dindigul District, (Cr.No.04/2014) ...1st Respondent/Complainant

2. Benazir Siddiq ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to quash the charge sheet in C.C.No.89 of 2014 on the file of the learned Judicial Magistrate Court, Dindigul No.II, Dindigul District.

For Petitioners : Mr.D.Selvaraj For R1 : Mr.K.Anbarasan Government Advocate (Crl.side) For R2 : Mr.M.Aarumugam

O R D E R

The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.89 of 2014 on the file of the learned Judicial Magistrate Court, Dindigul No.II, Dindigul District.

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 petitioners in Cr.No.4 of 2014 for offences under Sections 498 (A), 406 of I.P.C., and Section 4 of TNPWH Act and Section 4 of Dowry Prohibition Act on the file of the first respondent. Thereafter, charger sheet has been filed before the learned Judicial Magistrate No.II, Dindigul in C.C.No.89 of 2014. The said charge sheet is challenged before this Court.

4. When the matter was called on 21.10.2016 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 18.10.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent also has no objection to quash the proceedings in C.C.No.89 of 2014. They would also further submit that the petitioners are ready to donate Rs.50,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.50,000/- 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.89 of 2014, on the file of the learned Judicial Magistrate No.II, Dindigul is hereby quashed and the Criminal Original Petition is allowed. The compromise memo dated 18.10.2016 shall form part of the order.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar

To Encl: Herein Enter the Joint Compromise Memo Xerox Copy Attached

1. The Judicial Magistrate No.II, Dindigul

2. The Inspector of Police, All women Police Station, Dindigul Town, Dindigul District, (Cr.No.04/2014)

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

+1 cc to MR.M.ARUMUGAM, Advocate SR.No.65143 +1 cc to MR.D.SELVARAJ, Advocate SR.No.64584 Crl.O.P.(MD) No.20202 of 2016 26.10.2016 SMA/SS-2/25.11.2016:3P/6C