Yaraf Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.20014 of 2018 and CRL MP(MD)Nos.9198 & 9199 of 2018 1.Yaraf Ali 2.Aniba 3.Seyyadu Ali Fathima 4.Raseetha Beevi ... Petitioners/Accused Nos.1,2,4 & 5 Vs.

1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.18/2018) ...1st Respondent /Respondent 2.Sumaiya Fathima ...2ndRespondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for records of the proceedings of the charge sheet in C.C.No.397 of 2018 pending on the file of Additional Mahila Court, Nagercoil and quash the same against these petitioners.

For Petitioners : Mr.R.Maheswaran For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) For R2 : Mr.A.Mohamed Yusuf

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.397 of 2018 pending on the file of Additional Mahila Court, Nagercoil, against these petitioners. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the first respondent.

3.The matter was referred to mediation on 02.11.2018. During the mediation, the matter was settled between the parties and a joint compromise memo has been filed. The parties had settled the issue amicably with the following conditions: a) The 2nd respondent agrees to withdraw all her allegations levelled against her husband.

b) The petitioner agrees to withdraw all his allegations leveled against his wife.

c) The 2nd respondent agrees to return back the Gold Ornaments weighing 13 sovereigns of Gold https://hcservices.ecourts.gov.in/hcservices/

totally.

d) The petitioner agrees to withdraw the entire cases which were filed by him including the case in O.S.No.303 of 2017 on the file of the learned Principal District Munsif, Nagercoil and Cr.M.P.No.711 of 2018 on the file of the learned Judicial Magistrate No.II, Nagercoil.

4.In view of the fact that the issue has been resolved, the charge sheet in C.C.No.397 of 2018 on the file of the Additional Mahila Court, Nagercoil, is hereby quashed.

5.In fine, the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) vsd/CM ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To 1.The Additional Mahila Judge, Nagercoil 2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

+1CC TO MR.R.MAHESWARAN, Advocate Sr. No.49893 Crl.O.P.(MD)No.20014 of 20 18 and CRL MP(MD)Nos.9198 & 9199 of 2018 25.02.2019 TR (04.04.2019) 3P 5C https://hcservices.ecourts.gov.in/hcservices/