Allowed

Hasaan Moulana v. State Rep by

Madras HC21 Jun 2022CRL OP/13944/2022

Case brief

AI extract

What is this about?

The Court allowed a quashing petition under Section 482 Cr.P.C. regarding a case involving offences under Sections 294(b), 323, 307, and 506(ii) IPC. The proceedings were quashed based on an amicable compromise filed by the parties, relying on Supreme Court guidelines despite the offences being non-compoundable.

What did the court decide?

The proceedings in S.C.No.504 of 2018 pending in the XIX Additional Sessions Court, Chennai are quashed.

Hasaan Moulana Vs State Rep by — Quashing and FIR | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.06.2022

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CORAM:

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THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

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CRL.O.P.No.13944 of 2022

1.Hasaan Moulana

2.Shamshath Begum

3.Tabassum Fathima

4.Parveen Fathima

... Petitioners

Versus

State rep by: The Inspector of Police (Law & Order), N-1 Royapuram Police Station, Washermenpet,

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Chennai – 600 013.

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Kurshith Begum ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.C.No.504 of 2018 pending on the file of XIX Additional Sessions Court, Singaravelan Maligai, Chennai – 600 001 and quash the same.

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For Petitioners : Mr.Shaikh Mehrunisa

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For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

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ORDER

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This Criminal Original Petition has been filed to quash the proceedings in S.C.No.504 of 2018 pending on the file of the XIX Additional Sessions Court, Singaravelan Maligai, Chennai, for the offence under Sections 294(b), 323, 307 and 506(ii) of IPC.

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2.As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the proceedings in view of the compromise entered between the parties.

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3.A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the 2^nd https://hcservices.ecourts.gov.in/hcservices/ respondent. The petitioners and the 2^nd respondent have

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appeared before this Court. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. In the petition, it has been stated that the petitioners and the 2^nd respondent have entered into a compromise and amicably settled their issues in S.C.No.504 of 2018. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4.Under such circumstances, no useful purpose will be served in keeping the proceedings pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Supreme Court in “The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10”, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., is inclined to quash the case in S.C.No.504 of 2018 on the file of the XIX Additional Sessions Court, Singaravelan Maligai, Chennai.

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5.According, this Criminal Original Petition stands allowed and the proceedings in S.C.No.504 of 2018 on the file of the XIX Additional Sessions Court, Singaravelan Maligai, Chennai is quashed .

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Sd/-

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Assistant Registrar (CS-III)

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//True Copy//

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Sub Assistant Registrar

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vv2

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The XIX Additional Sessions Court, Singaravelan Maligai, Chennai – 600 001.

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2. The Inspector of Police (Law & Order), N-1 Royapuram Police Station, Washermenpet , Chennai – 600 013.

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3. The Public Prosecutor, High Court, Madras.

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+2ccs to Mr.Shaikh Mehrunisa, Advocate SR. No. 38604

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CRL.O.P.No.13944 of 2022

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RLD (CO) https://hcservices.ecourts.gov.in/hcservices/ PR (04/07/2022)

Hasaan Moulana v. State Rep by

Case brief

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Hasaan Moulana v. State Rep by

Case brief

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