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Madras High CourtCRL OP(MD)/18802/2019allowed

Mohamed Javid v. The Inspector Of Police

2019-12-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.17801 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.18802 of 2019 Mohamed Javid ..Petitioner Vs.

1. State represented through the Inspector of Police, South Gate Police Station, Madurai City.

In Crime No.960 of 2017.

2. Vahitha Banu ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records of impugned Charge Sheet in C.C.No. 18 of 2018 on the file of the learned Additional Mahila Court, Madurai and quash the same. For Petitioner : Mr.U. Noor Mohamed For R1 : Mr.S.Chandrasekar Additional Public Prosecutor For R2 : Mr.M.Seeni Sithik Ali

O R D E R

The Criminal Original Petition has been filed to quash the impugned Charge Sheet in C.C.No. 18 of 2018 on the file of the learned Additional Mahila Court, Madurai.

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 have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.A. Sulthan Maideen, Spl. Inspector of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17801 of 2019 themselves.

4.Under such circumstances, no useful purpose will be served in keeping the proceedings in C.C.No.18 of 2018pending, 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 proceedings in C.C.No.18 of 2018. 5.It is represented by the learned counsel for the petitioner that the petitioner has paid a sum of Rs.5000/-(Rupees five thousand only) as costs to the Credit of the Aravind Eye Hospital, Madurai and filed the original cash receipt along with this memo on 16.12.2019. The said submission is placed on record. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No. 18 of 2018, on the file of the learned Additional Mahila Court, Madurai, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar(Crl Side) // True Copy // Sub Assistant Registrar(CS) ksa ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To

1. The Judicial Magistrate, Additional Mahila Court, Madurai.

2. The Inspector of Police, South Gate Police Station, Madurai City.

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

Copy to The Officer Incharge, Aravind Eye Hospital, Madurai, Crl.O.P.(MD).No.18802 of 2019 17.12.2019 gkc(CO) TR(18.12.2019)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2