Madras High CourtCRL OP(MD)/15606/2020allowed

Ismail v. The Inspector Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.15606 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.15606 of 2020 1)Ismail 2)Samsu Beevi 3)Ibrahimsha Abdul Rahumam 4)Abbas ... Petitioners/Accused No 1 to 4 vs.

1)The State Represented through The Inspector of Police, All Women Police Station(AWPS), Keelakarai Ramanathapuram District.

(Crime No.09/2012) ...Respondent No.1/Complainant 2)Mugaitheen Pichai ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the charge sheet filed in C.C.No.77 of 2019 on the file of the Judicial Magistrate, Additional Mahila Court, Ramanathapuram, and quash the same as illegal in so far as the petitioners are concerned. For Petitioners : Mr.R.Karunanidhi For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the entire records pertaining to the charge sheet filed in C.C.No.77 of 2019 on the file of the Judicial Magistrate Additional Mahila Court, Ramanathapuram in Crime No.09/2012 registered under Sections 498(A), 494 & 109 IPC and Section 6 of Dowry Prohibition Act, and quash the same as illegal in so far as the petitioners are concerned. 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 case and therefore, the petitioners would pray for quashing the proceedings in C.C.No.77 of 2019.

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 and the defacto complainant has represented before this Court that the matter has been settled https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.15606 of 2020 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 proceedings in C.C.No.77/2019 on the file of the Judicial Magistrate, Additional Mahila Court, Ramanathapuram, are quashed. The joint compromise memo shall form part and parcel of this order.

bala Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Additional Mahila Court, Ramanathapuram.

2)The Inspector of Police, All Women Police Station(AWPS), Keelakarai Ramanathapuram District.

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

Crl.O.P.(MD)No.15606 of 2020 DATED : 23.12.2020 ARK(CO) KB(21.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2