Kutthupullasha v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) Nos.15705 and 21901 of 2023 and Crl.M.P(MD)Nos.12474 and 15431 of 2023

¶1Kutthupullasha

¶2K.Jamal Mohaideen ... Petitioners in Crl.O.P(MD)No.15075 of 2023/A1,A2 A.Asma Fathima ... Petitioner in Crl.O.P(MD)No.21901 of 2023/A3 Vs

¶1The Inspector of Police, South Gate Police Station, Madurai. Cr.No.866/2020.

¶2K.Mapeyath Begam ... Respondents

COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of Cr.P.C, calling the records pertaining to C.C.No.363 of 2022 on the file of the learned Judicial Magistrate No.IV, Madurai and quash the same. For petitioners : Mr. S.M.A.Jinnah For R1 : Mr.M.Sakthikumar Government Advocate (Crl.Side) For R2 : Mr.G.Mohankumar COMMON O

RDER

These Criminal Original Petitions have been filed seeking to quash the charge sheet in C.C.No.363 of 2022 on the file of the learned Judicial MagistrateNo.IV, 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.866 of 2020 for the offences punishable under Sections 294(b), 323, 506(i) of IPC, against the petitioners. It appears that there is a matrimonial issue between the parties.

3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memos of compromise were filed, which have been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

4.The petitioners in Crl.O.P(MD) No.15705 of 2023 and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. The petitioner in Crl.O.P(MD) No. 21901 of 2023 appeared through video conference. They were identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. They were also appeared before the High Court Legal Services Committee, Madurai. All the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memos are 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 memos, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.363 of 2022 pending on the file of the learned Judicial MagistrateNo.IV, Madurai in respect of the petitioners.

6.In the result, the Criminal Original Petitions stand allowed and the entire proceedings in C.C.No.363 of 2022, pending on the file of the learned Judicial MagistrateNo.IV, Madurai is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petitions are closed.

02.11.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No PNM To

1.The Judicial MagistrateNo.IV, Madurai.

¶2The Inspector of Police, South Gate Police Station, Madurai, Crime No.867/2020.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN. J. PNM COMMON ORDER IN and Crl.M.P(MD)Nos.12474 and 15431 of 2023

02.11.2023