Madras High Court
Reshma Banu vs State Represented By Its on 14 December, 2022
Crl.O.P.(MD)No.21533 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.21533 of 2022
and
Crl.M.P.(MD)No.15165 of 2022
Reshma Banu ... Petitioner
Vs.
1.State represented by its
The Inspector of Police,
Cyber Crime Department - III,
Tirunelveli District.
(Crime No.20 of 2022)
2.M.Maharajan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records in Crime No.20 of 2022
on the file of the Inspector of Police, Cyber Crime Department – III,
Tirunelveli District and quash the same as illegal.
For Petitioner : Mr.A.Mohamed Hashim
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.K.N.Guru
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21533 of 2022
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the First
Information Report in Crime No.20 of 2022 on the file of the first
respondent police and quash the same as illegal.
2. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioner would submit that the second
respondent has lodged a complaint before the first respondent and on that
basis, FIR came to be registered in Crime No.20 of 2022 dated
20.09.2022 for the offences under Section 420 IPC and Section 66D of
the Information Technology (Amendment) Act 2008 INF C against
unknown person. He would further submit that subsequent to the
registration of the FIR, the first respondent has issued a notice under
Section 41A Cr.P.C. to the petitioner/first accused directing her to appear
before them on 10.11.2022 and that since the petitioner/first accused has
already deposited the entire amount of Rs.7,00,000/- due to the second
respondent/defacto complainant, she has come forward with the above
petition.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21533 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. 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.B.Natarajan, Sub-Inspector of Police, Tirunelveli City
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, it is a money dispute and now the parties had
compromised. Where the parties have compromised the matter, the High
Court has power to quash the complaint for the offence under Section
420 IPC and Section 66D of the Information Technology (Amendment)
Act 2008 INF C.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21533 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.20 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.20 of 2022 on the file of the
first respondent police respondent police, is quashed and the terms of
joint compromise memo shall form part and parcel of this order.
Consequently, connected Miscellaneous Petition is closed.
14.12.2022
Index : Yes / No
Internet : Yes / No
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21533 of 2022
To
1.The Inspector of Police,
Cyber Crime Department - III,
Tirunelveli 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.21533 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.21533 of 2022
Dated: 14.12.2022
https://www.mhc.tn.gov.in/judis
