Madras High CourtCRL OP(MD)/7116/2013dismissed

Abdul Hakeem v. R.S.Mehraj Kani

2018-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7116 of 2013 and M.P.(MD)No.1 of 2013 1.Abdul Hakeem 2.Muhamutha Beevi 3.Shakila Banu ... Petitioners/Respondents 1 to 3 Vs.

1.R.S.Mehraj Kani 2.Minor Afrin, Minor respondent is rep. by her mother and natural guardian R.S.Mehraj Kani ... Respondents/Complainants Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to M.C.No.5 of 2013 pending on the file of the Judicial Magistrate Court No.III, Thanjavur, and quash the proceedings as against the petitioners herein.

For Petitioners : Mr.M.Karunanithi For Respondents : Mr.G.Karnan

ORDER

The petitioners have filed this Criminal Original Petition for quashing the proceedings in M.C.No.5 of 2013 on the file of the Judicial Magistrate Court No.III, Thanjavur. 2.The learned counsel appearing for the petitioners submitted that there was a compromise entered into between the parties and that after the settlement was finalised, the first respondent had gone back on her words and filed the impugned complaint. The learned counsel appearing for the respondents, however, submitted that no compromise was actually finalised. Since there is a factual dispute, this Court exercising power under Section 482 Cr.P.C. cannot really go into the same. It is for the petitioners to agitate their defence before the Court concerned. The petitioners can however, be permitted to be https://hcservices.ecourts.gov.in/hcservices/

represented through their counsel before the learned Trial Magistrate. The learned Trial Magistrate shall insist upon the appearance of the petitioners only if it is absolutely necessary and imperative. The petitioners shall be at liberty to raise all the contentions put forth in this Criminal Original Petition before the Trial Court.

3.With the above observation, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.III, Thanjavur.

+1 cc to M/S.G.Karnan, Advocate, IN SR No.63442 Crl.O.P.(MD)No.7116 of 2013 25.04.2018 smn2 PK/CM-PN/SAR-3/16.05.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/