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Madras High CourtCRL OP(MD)/15376/2023allowed

K.Mapeyath Begam v. The Inspector Of Police

2023-11-02Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.15376 of 2023 and Crl.M.P(MD)No.12203 of 2023

1. K.Mapeyath Begam

2. K.Beema Jan ... Petitioners Vs

1. The Inspector of Police, South Gate Police Station, Madurai, Crime No.867/2020.

2. A.Asma Fathima ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, calling the records pertaining to C.C.No.364 of 2022 on the file of the learned Judicial MagistrateNo.IV, Madurai and quash the same. For petitioners : Mr. G.Mohankumar For R1 : Mr.M.Sakthikumar Government Advocate (Crl.Side) For R2 : Mr.P.Balasubramanian 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.364 of 2022 on the file of the learned Judicial MagistrateNo.IV, Madurai.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.867 of 2020 for the offences punishable under Sections 294(b), 323, 506(i) of IPC, against the petitioners. It appears that there is a matrimonial issue between the parties.

3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 2/5

4.The petitioners appeared before this Court and the 2nd respondent appeared through video conference along with their counsels and also produced their Aadhar cards. They were identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. The petitioners were also appeared before the High Court Legal Services Committee, Madurai. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.364 of 2022 pending on the file of the learned Judicial MagistrateNo.IV, Madurai in respect of the petitioners .

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.364 of 2022, pending on the file of the learned Judicial MagistrateNo.IV, Madurai is hereby quashed in respect of the petitioners. The compromise memo is recorded and the 3/5

terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed. 02.11.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No PNM To 1.The Judicial MagistrateNo.IV, Madurai.

2. The Inspector of Police, South Gate Police Station, Madurai, Crime No.867/2020.

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

4/5

G.ILANGOVAN. J.

PNM ORDER IN and Crl.M.P(MD)No.12203 of 2023 02.11.2023 5/5