Alavudin Aushi vs The State Rep. By
2023 Latest Caselaw 12015 Mad

                                                                           Crl.O.P(MD).No.18590 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  Dated : 07.09.2023

                                                            CORAM:

                                  THE HONOURABLE MR. JUSTICE P. DHANABAL
                                             Crl.O.P(MD).No.18590 of 2021
                                                         and
                                        Crl.M.P.(MD)Nos.10276 and 10279 of 2021


                 1.Alavudin Aushi
                 2.Alavudin
                 3.Alavudin Jannath
                 4.Alavudin Jalavath                                            ...Petitioners

                                                       Vs

                 1.The State Rep. by,
                   The Inspector of Police,
                   All Women Police Station,
                   Madurai South,
                   Madurai City.
                   (Crime No.12 of 2018)
                 2.M.Mubarak Ahmed                                              ...Respondents

                 PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                 Criminal Procedure, praying this Court to call for the records pertaining to the
                 above charge sheet in C.C.No.571 of 2020 on the file of the learned Judicial
                 Magistrate, Additional Mahila Court, Madurai and quash the same.
                                  For Petitioners             : Mr.R.Senthil Kumar
                                  For 1st Respondent          : Mr.R.M.Anbunithi
                                                                Additional Public Prosecutor
                                  For 2nd Respondent          : Mr.D.Selvanayagan



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                                                                     Crl.O.P(MD).No.18590 of 2021

                                                     ORDER

When the matter was taken up today for hearing, the learned counsel

appearing for the petitioners would contend that already mediation was

effected between the parties in Tr.C.M.P.(MD)No.418 of 2019. In the

Mediation, the case in C.C.No.571 of 2020 was also referred and as per

mediation report, the defacto complainant has no objection to quash the

proceedings.

2.Today the learned counsel appearing for the petitioner and defacto

complainant also present. The copy of the mediation report was produced

before this Court and a perusal of the report, it reveals that the second

respondent and victim has agreed to co operate with the petitioners and his

family members in seeking to quash the proceeding in C.C.No.571 of 2020 on

the file of the Additional Mahila Court, Madurai and she agreed to co operate

for giving a quietus to the above C.C.No.571 of 2020. In the mediation report

also, the victim signed and the same was witnessed by her father and now the

victim was settled in abroad. Since the matter has been settled between the

parties, the pending proceedings in C.C.No.571 of 2020 is liable to be

quashed.

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Crl.O.P(MD).No.18590 of 2021

3.The learned counsel appearing for the petitioner relied on the

following judgments:-

(i)Rahul Joshi v. State of UP and Ors in Transfer Petition (Criminal) No. 59 of 2021

(ii)Narinder Singh & Ors. v. State of Punjab and another in Criminal Appeal in 686 of 2014

(iii)Haider Ali and three others v. State of U.P. And another in Application No.8466 of 2023.

(iv)Dinesh v. State of Kerala and another in Crl.M.C.No.5355 of 2015.

4.On careful reading of the above judgments, it is clear that based on

the compromise arrived between the parties, the matrimonial dispute case can

be quashed by this Court.

5.In view of the aforesaid judgments and in view of the settlement

arrived between the parties, this Criminal Original Petition is allowed and the

charge sheet in C.C.No.571 of 2010 on the file of the learned Judicial

Magistrate, Additional Mahila Court, Madurai is hereby quashed.

Consequently, connected miscellaneous petitions are closed.

07.09.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn

https://www.mhc.tn.gov.in/judis

Crl.O.P(MD).No.18590 of 2021

P. DHANABAL,J.

Mrn

To

1.The Judicial Magistrate, Additional Mahila Court, Madurai.

2.The Inspector of Police, All Women Police Station, Madurai South, Madurai City.

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

Crl.O.P(MD).No.18590 of 2021

07.09.2023

https://www.mhc.tn.gov.in/judis