Madras High Court
A.Kalimurugan vs The State Through on 3 August, 2022
Crl.O.P.(MD) No.13444 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.08.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.13444 of 2022
1. A.Kalimurugan
2. A.Mookapillai
3. P.Mareshwari
4. M.Pandiyarajan ... Petitioners/Accused Nos.1 to 4
Vs
1. The State through
The Inspector of Police,
Kallikudi Police Station,
Madurai District.
(in Crime No.32 of 2020) ... 1st Respondent/ De jure Complainant
2. Suriyadharshini ... 2nd Respondent/ defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records connected with the case in Crime No.32 of
2020, pending on the file of the first respondent police station and quash the
same as illegal. .
For Petitioners : Mr.S.Malaikani
For R1 : Mr.A.Albert James
Government Advocate (Crl. Side)
For R2 : Mr.C.Prasanna
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13444 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.32 of 2020, on the file of the first respondent.
2. The case of the prosecution is that marriage between the first
petitioner and the defacto complainant took place some ten months prior to
the complaint. The first petitioner was working in PTR College and it was a
second marriage for both of them. Suspecting the character of the defacto
complainant on the inducement of other petitioners, the first petitioner
attacked the defacto complainant. Thereafter, she was brought back to her
matrimonial home on 26.01.2020. Then on 10.02.2020, 11.02.2020 and
12.02.2020, the petitioners attacked the defacto complainant. Hence, a case
came to be registered before the first respondent Police in Crime No.32 of
2020 for the offences punishable under Sections 294(b), 342, 323, 324
506(ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of
Women Act, against the petitioners.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13444 of 2022
3. The case is still at the stage of investigation. By passage of time,
the parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
4. The learned counsel for the petitioners submitted that the defacto
complainant and the accused persons are relatives. They settled the matter
out of the Court and they have been filed a Joint Memo of Compromise
before this Court which have been signed by the petitioners and the second
respondent and also by their respective counsel. The petitioners and the
second respondent were also present in person before this Court and they
were identified by the learned Government Advocate and Mr.K.Kaliraj, SSI
of Police, Kallikudi Police Station, Madurai District. 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 F.I.R in Crime No.32 of 2020 for
the offence under Sections 294(b), 342, 323, 324, 506(ii) I.P.C and Section
4 of Tamil Nadu Prohibition of Harassment of Women Act.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13444 of 2022
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 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 Crime No.32 of 2020 pending before the first respondent
police, 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 Crime No.32 of 2020 on the file of the first
respondent police, is quashed insofar as the petitioners alone and the terms
of joint compromise memo shall form part and parcel of this order.
03.08.2022
Internet:Yes./No
Index:Yes/no
ebsi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13444 of 2022
To
1. The Inspector of Police,
Kallikudi Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13444 of 2022
V.SIVAGNANAM, J.
ebsi
ORDER IN
CRL.O.P (MD) No.13444 of 2022
03.08.2022
https://www.mhc.tn.gov.in/judis
