Madras High Court
Antony Selvam vs The State Represented By on 5 July, 2022
Crl.O.P.(MD) No.12093 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.12093 of 2022
1. Antony Selvam
2. Josephine Clara
3. Stephen Kasper
4. Albert Selvaraj
5. Albert Sasikumar ... Petitioners/ Accused No.1 to 5
Vs
1. The State Represented by
The Inspector of Police,
Ambathurai Police Station,
Dindigul District.
Crime No.58 of 2022. ... 1st Respondent/Complainant
2.Yagammal Selvi ... 2nd Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records in FIR in Crime No.58 of 2022 on the file of
the first respondent and quash the same.
For Petitioners : M/s.M.Vivek Bharathi
For R1 : Mr.M.Sakthi Kumar
Government Advocate (Crl Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.12093 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.58 of 2022 on the file of the first respondent..
2.The contention of the petitioners and the second respondent is that
based on the complaint lodged by the second respondent, the first
respondent registered First Information Report in Crime No.58 of 2022 for
the offences punishable under Sections 147, 294(b) and 323 of IPC and 4 of
TN Prohibition of Harassment of Women Act, 2002, against the 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.
4. The learned counsel for the petitioners submitted that the defacto
complainant and the accused persons are relatives. They settled the matter
out of the Court and they have filed a Joint Memo of Compromise before
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Crl.O.P.(MD) No.12093 of 2022
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.V.Mohamed
Khan, SSI of Police, Ambathurai Police Station, Dindigul 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 complaint in Crime No.58 of
2022 for the offences punishable under Sections 147, 294(b) and 323 of IPC
and 4 of TN 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.
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Crl.O.P.(MD) No.12093 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.58 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.58 of 2022 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.
.
05.07.2022
Internet:Yes./No
Index:Yes/no
ebsi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.12093 of 2022
To
1.The Inspector of Police,
Ambathurai Police Station,
Dindigul 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.12093 of 2022
V.SIVAGNANAM, J.
ebsi
ORDER IN
CRL.O.P (MD) No.12093 of 2022
05.07.2022
https://www.mhc.tn.gov.in/judis
