Madras High Court
Mohamed Jalaludheen vs The State on 25 October, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.O.P(MD)No.13962 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.10.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CRL.OP(MD). No.13962 of 2023
and
CRL.MP(MD). No.10938 of 2023
1. Mohamed Jalaludheen
2. Nafaz Nisha @ Navaz Niza
3. Mohamed Abdul Kadhar
4. Syed Kareem Ali Sha Thangal @
Syed Kareem Ali Sha ...Petitioners / Accused Nos. 1 to 4
Vs.
1. The State,
Rep by the Inspector of Police,
AWPS, Thallakulam,
Madurai City.
(Crime No.50 of 2021) ... 1st Respondent / Complainant
2. Mamtha ... 2nd Respondent /
De-facto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records pertaining to C.C.
1/5
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Crl.O.P(MD)No.13962 of 2023
No. 121 of 2023 on the file of the Additional Mahila Court (JM Level),
Madurai and quash the same.
For Petitioners : M/s.Haroon Rasheed.D.S
For R-1 : M/s.M.Aasha
Government Advocate (Crl. Side)
For R2 : Mr.K.Srinivasaragavan
ORDER
This criminal original petition is filed with the prayer to call for
the records pertaining to C.C. No. 121 of 2023 on the file of the
Additional Mahila Court (JM Level), Madurai and quash the same.
2. The learned counsel for the petitioner seeks quashment on
compromise. The joint compromise memo is also filed. The parties are
also present before the Court.
3. It is seen as per the joint compromise memo that the parties have
decided to part as friends and an alimony of Rs.8,00,000/- is agreed to be
paid and already a sum of Rs.4,00,000/- is paid and the balance of
amount Rs.4,00,000/- will be paid in two installments, one on the day of
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deposition before the mutual consent petition and another on the day of
withdrawal of the maintenance case. Upon questioning, the party is seem
to understand the terms of the compromise that the de-facto complainant
consents that she doesn't want to press the allegation and the case can be
quashed on compromise.
4. Considering the same as per the dictum of the Hon'ble Supreme
Court of India in B.S.Joshi and ors., Vs. State of Haryana and anr.,
reported in (2003) 4 SCC 675 and the subsequent judgments, I am of the
view that when the matter arises out of marital discord and the parties
have settled the issue one way or the other, this Court can exercise the
power under Section 482 of the Code of Criminal Procedure.
5. In view thereof, the criminal original petition shall stands
allowed. The joint memorandum of compromise shall form part and
parcel of the record. The case in C.C. No. 121 of 2023 on the file of the
Additional Mahila Court (JM Level), Madurai shall stand quashed.
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6. Accordingly, this Criminal Original Petition is allowed.
Consequently, the connected miscellaneous petition is closed.
25.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
pal
To
1. The Inspector of Police,
AWPS, Thallakulam,
Madurai City.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY,J.
pal
Order made in
25.10.2024
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