Madras High Court
Subramaniyan vs The Inspector Of Police on 4 August, 2022
Crl.O.P.(MD) No.13883 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.13883 of 2022
1. Subramaniyan
2. Chandrasekaran
3. Padma Sankar
4. Selva karthika ... Petitioners
Vs.
1. The Inspector of Police
All Women Police Station
Pudukottai
Thoothukudi District
2. Suriyakala ....Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records pertaining to CC No. 90 of 2021 on the file
of the learned Judicial Magistrate No.III, Thoothukudi and quash the
same as illegal.
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Crl.O.P.(MD) No.13883 of 2022
For Petitioners : Mr.M.Benazir Begum
For Respondents : Mr.A.Albert James
No.1 Government Advocate(Crl.Side)
No.2 : Ms. V. Janaki Devi
ORDER
The Criminal Original Petition has been filed to quash the Charge
Sheet in CC No. 90 of 2021 on the file of the learned Judicial Magistrate
No.III, Thoothukudi, for the offences punishable under Sections 294(b),
498(A), 406 of IPC and Sections 2(a) and 4 of TNPHW Act , in Crime
No.14 of 2020
2.The case of the prosecution is that the marriage between the first
petitioner and the defacto complainant was solemnized on 21.08.2016 as
per hindu rites and customs and they are blessed with a male child.
Thereafter due to some mis understanding they got separated and she
filed a case before the first respondent polcie. After completion of
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Crl.O.P.(MD) No.13883 of 2022
investigation, filed final report before the learned Judicial Magistrate
No.III, Thoothukudi and the same has been taken cognizance in CC No.
90 of 2021
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.
4.A Joint Memo of Compromise has been filed 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 Mrs. A.Mariya Vijaya, WHC 1700, Pudukottai AWPS,
Thoothukudi 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.
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Crl.O.P.(MD) No.13883 of 2022
5. In the instant case, the wife is the complainant and accused are
husband, father-in-law, mother-in-law and sister-in-law 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
Sections 294(b), 498(A), 406 of IPC and Sections 4 of TNPHW Act .
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 CC No. 90 of 2021 on the file of the learned Judicial
Magistrate No.III, Thoothukudi , even though, the offences involved are
not compoundable in nature.
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Crl.O.P.(MD) No.13883 of 2022
8. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in CC No. 90 of 2021 on the file of the
learned Judicial Magistrate No.III, Thoothukudi is quashed and the
terms of joint compromise memo shall form part and parcel of this order.
04.08.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
To
1. The Judicial Magistrate No.III, Thoothukudi
2. The Inspector of Police
All Women Police Station
Pudukottai
Thoothukudi District
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
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Crl.O.P.(MD) No.13883 of 2022
V.SIVAGNANAM, J.
aav
Crl.O.P.(MD) No.13883 of 2022
04.08.2022
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