Madras High CourtCRL OP(MD)/138/2023allowed

Mobeen @ Mubeen v. The Inspector Of Police

2023-12-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.138 of 2023 1.Mobeen @ Mubeen 2.Musthafa @ Mustafa 3.Rovina ... Petitioners / Accused Vs.

1. The Inspector of Police, All Women Police Station, Rameswaram, Ramanathapuram District.

... 1st Respondent/Complainant (Crime No.08 of 2019) (amended as per order dated, 24.,01.2023 in Crl.M.P(MD).No.1123 of 2023

2. Saral Barveen ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.08 of 2019, dated 20.11.2019 on the file of the 1st respondent police and quash the same. (Amended as per the order of Court, dated 24.01.2023 in Crl.O.P(MD).No.1123 of 2023) For Petitioners : Mr.K.K.Udayakumar For R1 : Mr.M.Sakthikumar Government Advocate (Crl. Side) For R2 : Mr.Kaviarasan 1/4

O RDER This petition has been filed seeking to quash the impugned FIR in FIR in Crime No.08 of 2019, dated 20.11.2019 on the file of the 1st respondent police 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.08 of 2019 for the offences punishable under Sections 498(A), 406 IPC and Section 4 of Dowry Prohibition Act, 1961 and 67 of IT Act, 2000, against the petitioners.

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

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, dated 05.12.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.08 of 2019 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.08 of 2019, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 22.12.2023 Index : Yes/No Internet : Yes/No trp To

1. The Inspector of Police All Women Police Station, Rameswaram, Ramanathapuram District.

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

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G.ILANGOVAN. J.

trp Crl.O.P.(MD) No.138 of 2023 22.12.2023 4/4