V.Sarathkumar vs The Inspector Of Police
2022 Latest Caselaw 13582 Mad

                                                                              Crl.O.P.(MD) No.13821 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 01.08.2022

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                              Crl.O.P.(MD) No.13821 of 2022

                     V.Sarathkumar                                    ...Petitioner/Sole Accused

                                                             Vs.

                     1.The Inspector of Police,
                       S.V.Mangalam Police Station,
                       Sivagangai District.
                       (Crime No.44 of 2018)                        ...1st Respondent/Complainant

                     2.Manokaran                                     ...2nd     Respondent/Defacto
                     Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records relating to the case in S.C.No.5 of 2022 on
                     the file of the Fast Track Mahila Court, Sivagangai in P.R.C.No.11 of
                     2019 on the file of the District Munsif Cum Judicial Magistrate,
                     Singampunari, Sivagangai District and to quash the same.


                                     For petitioner       : Mr.G.Mathavan
                                     For R1               : Mr.A.Albert James
                                                            Government Advocate (Crl.side)
                                     For R2               : Mr.V.S.Badrinath


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P.(MD) No.13821 of 2022



                                                          ORDER

The Criminal Original Petition has been filed to quash the

proceedings in S.C.No.5 of 2022 on the file of the Fast Track Mahila

Court, Sivagangai in P.R.C.No.11 of 2019 on the file of the District

Munsif Cum Judicial Magistrate, Singampunari, Sivagangai District, for

the offences punishable under Section 366(A) of IPC, in Crime No.44 of

2018.

2.The case of the prosecution is that on 01.05.2018, the second

respondent's daughter namely Ramya was missing from his home. On

doubt, the second respondent/defacto complainant lodged a complaint

against the petitioner. Thereafter, enquiry was conducted and based on

the enquiry, the respondent police registered a case against the petitioner.

3.The case is under trial. By passage of time, the parties have

decided to bury their hatchet and compromise the dispute amicably

among themselves.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13821 of 2022

4. A Joint Memo of Compromise has been filed before this Court

which have been signed by the petitioner and the second respondent and

also by their respective counsel. The petitioner and the second

respondent were also present in person before this Court and they were

identified by Mr.R.Peter Alangara Thamburaj, SI of Police,

S.V.Mangalam Police Station, Sivagangai District as well as by the

learned Counsels appearing for the parties. This Court also enquired both

the parties and was satisfied that the parties have come to an amicable

settlement between themselves.

5. In the instant case, the dispute is of personal in nature and the

parties had compromised. Where the parties have compromised the

matter, the High Court has to power to quash the complaint for the

offence under Section 366(A) of IPC.

6. The legal position expressed by the Hon'ble Apex Court in the

case of Gian Singh vs. State of Panjab and another reported in

(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13821 of 2022

of Gujrath) reported in (2017)9 SCC 641 were taken into consideration.

7. In the light of the guidelines issued in the above said Judgments

of the Hon'ble Apex Court, no useful purpose will be served in keeping

the proceedings in S.C.No.5 of 2022 on the file of the Fast Track Mahila

Court, Sivagangai in P.R.C.No.11 of 2019 on the file of the District

Munsif Cum Judicial Magistrate, Singampunari, Sivagangai District,

even though, the offences involved are not compoundable in nature.

8. Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in S.C.No.5 of 2022 on the file of the Fast

Track Mahila Court, Sivagangai in P.R.C.No.11 of 2019 on the file of the

District Munsif Cum Judicial Magistrate, Singampunari, Sivagangai

District is quashed and the terms of joint compromise memo shall form

part and parcel of this order.

01.08.2022 Internet:Yes Index:Yes/No vsd

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13821 of 2022

To

1.The Fast Track Mahila Court, Sivagangai.

2.The District Munsif Cum Judicial Magistrate, Singampunari, Sivagangai District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13821 of 2022

V.SIVAGNANAM, J.

vsd

Crl.O.P.(MD) No.13821 of 2022

01.08.2022

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