Vasudevan vs The Inspector Of Police
2022 Latest Caselaw 13951 Mad

                                                                     Crl.O.P.(MD) No.14081 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.14081 of 2022

                     Vasudevan                                                 ... Petitioner

                                                           Vs.

                     1. The Inspector of Police
                       Souththamaraikulam Police Station
                       Kanyakumari District

                     2.Jeyasree                                         ....Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records pertaining to the FIR in Crime No. 72 of
                     2022 on the file of the first respondent police and quash the same in
                     respect of the petitioner alone.


                                     For Petitioner  : Mr.A.Palkani
                                     For Respondents : Mr.A.Albert James
                                     No.1              Government Advocate(Crl.Side)
                                     No.2            : Mr.V.Malaiyendran




                     1/6

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.(MD) No.14081 of 2022




                                                             ORDER

This Criminal Original Petition has been filed to quash the FIR in

Crime No.72 of 2022 on the file of the first respondent police

2.The case of the prosecution is that there is some dispute

regarding creating of whatsapp account, hence on 24.02.2022 when the

defacto complainant was going in her two wheeler, the petitioner herein

teased her and when the same was questioned by the brother of the

defacto complainant, the petitioner herein abused him and also attacked

him.

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14081 of 2022

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.Jeyachandran,HC 1952 Soththamaraikulam Police

Station 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 power to quash the complaint for the offence

under Sections 294(b),323,506(i) of IPC and Section 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14081 of 2022

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. 72 of 2022 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.72 of 2022 on the file of the

first respondent police respondent police, is quashed insofar as the

petitioner 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14081 of 2022

To

1. The Inspector of Police Souththamaraikulam Police Station Kanyakumari District

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14081 of 2022

V.SIVAGNANAM, J.

aav

Crl.O.P.(MD) No.14081 of 2022

04.08.2022

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