This judgment set aside a Crl.O.P. filed by a husband to quash a Section 498-A criminal complaint on grounds of compromise. The Court dismissed the petition as withdrawn after the wife informed the Court there was no compromise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH
Crl.O.P. No.7816 of 2016 & Crl.M.P. Nos.4070 & 4071 of 2016
vs.
1 State represented by the Inspector of Police Kattumannarkoil Cuddalore District (Cr. No.301 of 2012)
2 Zainab Nachiya Respondents (R2 suo motu impleaded as per order dated 15.11.2016)
Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for the records in C.C. No.113 of 2013 on the file of the District Munsif-cum-Judicial Magistrate Court, Kattumannarkoil and to quash the same.
For petitioners Mr. G. Pugazhenthi For R1 Mr. C. Emalias Addl. Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to call for the records in C.C. No.113 of 2013 on the file of the District Munsif-cum-Judicial Magistrate Court, Kattumannarkoil and to quash the same.
2 For the sake of convenience, the parties will be referred to by their name.
3 Muhibullah got married to Zainab Nachiya on 19.02.2004 and they have two children through the wedlock. Their marriage ran into rough weather resulting in they getting estranged. On the complaint lodged by Zainab Nachia, the first respondent
police registered a case in Cr. No.301/2012 on 25.06.2012 and after completing the investigation, has filed a charge sheet in C.C. No.No.113 of 2013 on the file of the District Munsif-cumJudicial Magistrate Court, Kattumannarkoil, for offences under Section 498-A, 294(b), 352 and 506(ii) IPC read with Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002 against Muhibullah, challenging which, Muhibullah has filed the present Criminal Original Petition for quashing the prosecution on the ground that the parties have arrived at a compromise.
4 On the directions of this Court, Mr. S. Soundararajan,
Special Sub Inspector, Kattumannarkoil P.S. produced Zainab
Nachiya before this Court on 19.12.2016. When enquired, she
stated that she not instructed anyone to file this quash
application and that she has not arrived at any compromise with
her husband Muhibullah.
5 When this was brought to the notice of the learned
counsel for Muhibullah, he sought permission of this Court to
withdraw this Criminal Original Petition and he also made an
endorsement to that effect.
In view of the above, this Criminal Original Petition is
dismissed as withdrawn. Connected Crl.M.Ps. are closed.
Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
cad
To
1 The Inspector of Police
Kattumannarkoil
Cuddalore District
2 The District Munsif-cum-Judicial Magistrate Court
Kattumannarkoil
3 The Public Prosecutor
Madras High Court
Chennai 600 104
+1cc to Mr.G.Pugazhenthi, Advocate sr.74119
ss1(co)
ss(20/01/2017) Crl.O.P. No.7816 of 2016
1 provisions across 1 enactments
Muhibullah
Zainab Nachiya
State
Zainab Nachiya
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
