Madras High CourtCRL OP(MD)/14578/2020allowed

M.Sahul Hameedh v. The Inspector Of Police

2020-12-14Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14578 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14578 of 2020 1.M.Sahul Hameedh 2.Bharaketh Begum @ Jeenath @ Barakkath 3.Shithima @ Uma Shithima ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State Rep.by the Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli City.

(Crime No.207 of 2017) ... 1st Respondent/Complainant 2.K.Asan Aliar @ Alla Pitchai ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the charge sheet filed by the first respondent in C.C.No.60 of 2018 on the file of the Judicial Magistrate Court No.I, Tirunelveli.

For Petitioners : Mr.K.Muthurakkan For R1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R2 : Mr.S.Pandiyaraj

O R D E R

This Criminal Original Petition has been filed to quash the case in C.C.No.60 of 2018 on the file of the Judicial Magistrate Court No.I, Tirunelveli.

2.The second respondent / defacto complainant, as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioners would pray for quashing the case in C.C.No.60 of 2018 on the file of the Judicial Magistrate Court No.I, Tirunelveli.

3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court today(14.12.2020) and the defacto https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14578 of 2020 complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the case in C.C.No.60 of 2018 on the file of the Judicial Magistrate Court No.I, Tirunelveli, is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) gns Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

ENCL : Xerox copy of Joint Compromise Memo.

To 1.The Judicial Magistrate Court No.I, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli City.

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

+ 1cc to Mr.K.MUTHURAKKAN ,Advocate, SR No.25526 Crl.O.P.(MD)No.14578 of 2020 14.12.2020 MJ(CO) KK(05.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2