M.Mohammed Hanifa v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.OP.(MD)No.16443 of 2013 and M.P(MD)Nos.1 & 2 of 2013 1.M.Mohammed Hanifa 2.Mrs.Rameeza Begum ... Petitioners/Accused Nos.2 and 3 Vs.

1.The State rep. by The Sub-Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

In Crime No.28 of 2013.

..1st Respondent/Complainant 2.Mrs.Mahaboob Subahani .. 2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Criminal Procedure Code praying to call for the records from the lower Court to quash the Charge Sheet filed in C.C.No.259 of 2014 pending before the Additional Mahila Court, Madurai.

For Petitioners ...

Mr.T.K.Gopalan For R-1 ... Mr.K.Anbarasan, Govt. Advocate(Crl. Side) For R-2 ... Mr.P.Chandrasekar

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.259 of 2014 pending before the Additional Mahila Court, Madurai.

2. The petitioners have been arrayed as accused in Crime No.28 of 2013 on the file of the first respondent, which has been taken on file in C.C.No.259 of 2014 on the file of the Additional Mahila Court, Madurai.

3. When the matter is taken up for hearing, the parties namely, the petitioners and the defacto complainant are present before this Court. Both parties submitted that the matter has been settled. A joint compromise memo has been filed, which contains the signature of the petitioners and the second respondent. The same was attested by the learned counsel on both sides, wherein it has been stated as follows: "1.It is submitted that the second respondent herein is the defacto complainant, who gave a complaint before the first respondent in the year 2013. Based upon the same, the first respondent police registered a case in Crime No.28 of https://hcservices.ecourts.gov.in/hcservices/

2013 against the petitioners under Section 498(A), 406, 448, 294(b), & 506(ii) of I.P.C pending before the learned Judicial Magistrate, Additional Magila Court, Madurai." 4.Heard both sides and also perused the compromise memo. The appearance of the parties is recorded.

5.Considering the submissions made and after going through the relevant documents and after looking at the nature of offences alleged against the petitioners, this Court is inclined to quash the proceedings pending against the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C.No.259 of 2014 pending before the Additional Mahila Court, Madurai, is quashed. The compromise memo shall form part of record. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Per.Admn.) /TRUE COPY/ Sub Assistant Registrar To 1.The Additional Mahila Court, Madurai.

2.The Sub-Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

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

+1cc to Mr.T.K.Gopalan,Advocate, SR.No.24145 CRL.OP.(MD)No.16443 of 2013 30.04.2015 pm PA/20.05.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/