M. Jamal Mohamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)No.9131 of 2019 1.M.Jamal Mohamed 2.A.Rajiya Banu 3.W.Noorul Faritha 4.J.Rabees Mariyan 5.A.Janufa 6.J.Najima ... Petitioners/Accused Nos.1&3to7 Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur District.

(Crime No.9 of 2015)

...Respondent/Complainant

2.Fagila ... Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the impugned charge sheet in C.C.No.118 of 2016 on the file of the Judicial Magistrate Court, Pattukottai, Thanjavur District in Crime No.9 of 2015, dated 18.08.2015 under Sections 498(A), 294(b), 406, 451, 506(i) of IPC r/w 109 of IPC on the file of the first respondent and quash the same.

For Petitioners : Mr.I.Pinaygash For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R.1 Mr.M.Karunanidhi for R.2

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.118 of 2016 on the file of the Judicial Magistrate Court, Pattukottai, Thanjavur District. 1/3

2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel. The parties were present before this Court and they were identified by their respective counsels.

4. Under such circumstances, no useful purpose will be served in keeping the C.C.No.118 of 2016 on the file of the Judicial Magistrate Court, Pattukottai, Thanjavur District, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in C.C.No.118 of 2016. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.118 of 2016 on the file of the Judicial Magistrate Court, Pattukottai, Thanjavur District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

To Enclose copy of Joint Compromise memo.

1. The Judicial Magistrate Court, Pattukottai, Thanjavur District.

2. The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur District.

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

+1 CC to M/s.I. PINAYAGASH, Advocate ( SR-18681[F] dated 13/04/2022 ) 11.04.2022 RK(26/04/2022) 3P 5C 3/3