Madras High Court
V.Sridhar vs The State Represented By on 10 August, 2022
Crl.O.P.(MD) No.14356 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.08.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.14356 of 2022
1. V.Sridhar
2. V.Vaikunth
3. S.Chelladurai
4. P.Kumar @ Sermakumar ... Petitioners/Accused Nos.1 to 4
Vs
1. The State Represented by
The Inspector of Police,
Sayarpuram Police Station,
Thoothukudi District.
(in Crime No.148 of 2020) ... 1st Respondent/ Complainant
2. R.Annapushpam ... 2nd Respondent/ Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records relating to the FIR in Crime No.148 of 2020,
dated 28.07.2020, on the file of the first respondent police and to quash the
same as against the petitioners.
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Crl.O.P.(MD) No.14356 of 2022
For Petitioners : Mr.AAyiram K.Selvakumar
For R1 : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
For R2 : Mr.V.M.Jegadeesha Pandian
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.148 of 2020, dated 28.07.2020, on the file of the first respondent
police.
2.The contention of the petitioners is that based on the complaint
lodged by the second respondent, the first respondent registered First
Information Report in Crime No.148 of 2020 for the offences punishable
under Sections 294(b), 506(ii) I.P.C, under Section 4 of Tamil Nadu
Prohibition of Harassment of Women Act and under Section 67 of
Information and Technology Act, against these petitioners.
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.
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Crl.O.P.(MD) No.14356 of 2022
4. The learned counsel for the petitioners submitted that the defacto
complainant and the accused persons settled the matter out of the Court and
they have 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.M.Rajendran, Special Sub-Inspector of
Police, Sayarpuram Police Station, Thoothukudi 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 FIR in Crime No.148 of 2020, for
the offence under Sections 294(b), 506(ii) I.P.C, under Section 4 of Tamil
Nadu Prohibition of Harassment of Women Act and under Section 67 of
Information and Technology Act.
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Crl.O.P.(MD) No.14356 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.148 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.148 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.
Internet:Yes./No 10.08.2022
Index:Yes/no
ebsi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14356 of 2022
To
1. The Inspector of Police,
Sayarpuram Police Station,
Thoothukudi 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.14356 of 2022
V.SIVAGNANAM, J.
ebsi
ORDER IN
CRL.O.P (MD) No.14356 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
