Yasar Ali Abbas v. The Inspector Of Police

Crl.O.P.No.18746 of 2016and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.18746 of 2016 and CRL.M.P.(MD).Nos.9377 and 9378 of 2016 1.Yasar Ali Abbas 2.Peer Mohideen 3.Surya Begam 4.Yasmin Nigar 5.Nainar Mohammed ... Petitioners/Accused No.1 to 5 Vs.

1.The Inspector of police, All Women Police Station, Madurai Town, Madurai District. ...1st Respondent/Complainant (In Crime No.19 of 2014) 2.Aafrin ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to quash the Charge Sheet in C.C.No.70 of 2015 on the file of the Judicial Magistrate Additional Mahila Court, Madurai.

For Petitioners : Mr.J.Sulthan Basha For R-1 : Mr.KR.Bharathi Kannan Government Advocate (Crl. Side) For R-2 : Mr.S.A.Ajmal Khan

O R D E R

The petition has been filed to quash the Charge Sheet in C.C.No.70 of 2015 on the file of the Judicial Magistrate Additional Mahila Court, Madurai, as against the petitioners. 2.Heard the learned counsel for the petitioners, learned Government Advocate (Crl. Side) appearing for the first respondent and learned counsel appearing for the second respondent. 3.The learned counsel appearing for the petitioners and second respondent submitted that after taking cognizance, the first petitioner and the second respondent filed a divorce petition before the Family Court and the divorce was granted to them. Thereafter, the second respondent/defacto complainant is not willing to proceed further with the criminal case.

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Crl.O.P.No.18746 of 2016and 4.The learned Government Advocate (Crl. Side) appearing for the first respondent Police submitted that the matter has been settled between the parties and the second respondent/defacto complainant is not willing to proceed further with the criminal case as against the petitioners.

5.In view of the above, the petitioners need not undergo the ordeal of facing a criminal trial. Hence, this Court is inclined to quash the proceedings in C.C.No.70 of 2015 on the file of the Judicial Magistrate Additional Mahila Court, Madurai. 6.In the result, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Judicial Magistrate Additional Mahila Court, Madurai.

2.The Inspector of police, All Women Police Station, Madurai Town, Madurai District.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-19394[F] dated 08/10/2020 ) Crl.O.P.(MD).No.18746 of 2016 and CRL.M.P.(MD).Nos.9377 and 9378 of 2016 07.10.2020 VB (03.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2