Mohammed Khalith v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20854 of 2023 1.Mohammed Khalith 2.Ahamed sheriff 3.Thari Asabikha Begam ... Petitioners/Accused Nos.1 to 3 Vs.
1.State Rep by Sub-Inspector of Police, Thallakulam, Madurai District.
(In Crime No.53 of 2021) ...1st Respondent/Complainant 2.Nasreen Banu ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records of impugned Charge Sheet in C.C.No.1607 of 2021 on the file of the learned Additional Mahila Court (JM Level), Madurai and quash the same.
For Petitioners : Mr.SMA Jinnah For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 :Mr.G.Sujeeth 1/4
O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.1607 of 2021 on the file of the Additional Mahila Court (Judicial Magistrate Level), 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.53 of 2021 for the offences punishable under Sections 498(A), 406, 506(i) IPC, against the petitioners. It appears that it is a matrimonial dispute between the parties and now the defacto complainant decided to join with the first petitioner. 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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they 2/4
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, dated 28.11.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.1607 of 2021 pending on the file of the Additional Mahila Court (Judicial Magistrate Level), Madurai, is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.1607 of 2021, pending on the file of the Additional Mahila Court ( Judicial Magistrate Level), Madurai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.
01.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4
G.ILANGOVAN. J.
Indu To 1.Additional Mahila Court ( Judicial Magistrate Level), Madurai.
2.The Sub-Inspector of Police, Thallakulam, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.20854 of 2023 01.12.2023 4/4