Sakthivel vs State Through
2022 Latest Caselaw 11701 Mad

                                                                       Crl.O.P.(MD) No.11756 of 2022


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 01.07.2022

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                          CRL.O.P (MD) No.11756 of 2022
                                                     and
                                           Crl.M.P(MD)No.7417 of 2022

                     1. Sakthivel,

                     2. Karnan,
                                                                                      : Petitioners
                                                         Vs

                     1. State through
                     The Inspector of Police,
                     All Women Police Station,
                     Sivagangai,
                     Sivagangai District.
                     Crime.No. 36/2021.

                     2. Merlin Jenofer,
                                                                                   : Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records pertaining to the impugned FIR in Crime No.
                     36/2021 dated 14.12.2021 on the file of the first respondent police and
                     quash the same as illegal.




                     1/6


https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.11756 of 2022


                                               For Petitioners   : M/s.Vikram S,
                                              For R1              : Mr.M.Sakthi Kumar,
                                                                 Government Advocate (Crl.Side)
                                               For R2             : Mr.K.Malaimaran

                                                            ORDER

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

Crime No.36/2021, on the file of the first respondent police.

2.The case of the prosecution is that due to matrimonial dispute, the

petitioners attacked the defacto complainant and her mother. Further, the

petitioners abused them with filthy languages. Hence the complaint.

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 petitioners and the second respondent and

also by their respective counsel. The petitioners and the second respondent

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11756 of 2022

were also present in person before this Court and they were identified by

Mrs.C.Parimala, WGr-I, All Women Police Station, Sivagangai. 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 complaint for the offence under

Sections 294(b), 323, 354(B), 506(i) IPC and Section 4 of Tamil Nadu

Prohibition of Harassment of Women Act, 2002.

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.36 of 2021 pending before the first respondent

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11756 of 2022

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.36 of 2021 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.

Consequently, the connected miscellaneous petition is closed.

01.07.2022 Internet:Yes./No Index:Yes/no lr

To

1.The Inspector of Police, All Women Police Station, Sivagangai, Sivagangai 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.11756 of 2022

V.SIVAGNANAM, J.

lr

ORDER IN CRL.O.P (MD) No.11756 of 2022

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11756 of 2022

01.07.2022

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