Kaja Mohaideen v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.18412 of 2019 and Crl.M.P(MD) Nos.10818 and 10819 of 2019
1. Kaja Mohaideen
2. Mumthaj Begam
3. Sameema Banu
4. Anis
...Petitioners
Vs.
1. The Sub Inspector of Police Thiruppulani Police Station Ramanathapuram District ... 1st Respondent / Complainant
2. Segu Ismail ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the impugned charge sheet in CC No.191 of 2017 on the file of the Judicial Magistrate No.I, Ramanathapuram concerned in Crime No.105 of 2014 on the file of the Sub Inspector of Police, Thiruppulanai Police Station, Ramanathapuram and quash the same as against the petitioners. For Petitioners : Mr.K.Appadurai For Respondents : Mr.B.Thanga Aravindh No.1 Government Advocate(Crl.Side) No.2 : Mr.D.Balamurugapandi
ORDER
The Criminal Original Petition has been filed to quash the proceedings in CC No.191 of 2017 on the file of the Judicial Magistrate No.I, Ramanathapuram.
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.
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4. Under such circumstances, no useful purpose will be served in keeping the CC No.191 of 2017 on the file of the Judicial Magistrate No.I, Ramanathapuram, 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. 191 of 2017.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.191 of 2017 on the file of the Judicial Magistrate No.I, Ramanathapuram, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 29.04.2022 and produce the receipt before the concerned court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Encl.: xerox copy of Joint Compromise memo.
To
1. The Judicial Magistrate No.I, Ramanathapuram.
2. The Sub Inspector of Police Thiruppulani Police Station Ramanathapuram District
3. The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D. BALAMURUGAPANDI, Advocate ( SR-19878[F] dated 20/04/2022 ) Crl.O.P.(MD) No.18412 of 2019 19.04.2022 vr(CO) TR(21.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2