Madras High Court
Dhayasingh vs State Represented By on 6 July, 2022
Crl.O.P.(MD) No.11562 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.07.2022
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.11562 of 2022
1. Dhayasingh,
2. Nirmal,
3. Priya @ Jini Priya,
: Petitioners
Vs
1. State represented by
The Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.
2. Jenisha Singh,
: Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
this Court to call for the records and quash the FIR in Crime No. 876 of
2020.
For Petitioner : M/s.Kannappan A R,
For R1 : Mr.A.Albert James,
Government Advocate (Crl.Side)
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11562 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in crime
No.876 of 2020, on the file of the first respondent.
2.The case of the prosecution is that due to previous enmity, the
petitioners trespassed into the second respondent house, abused with filthy
language, assaulted her and also threatened her with dire consequences.
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 were also
present in person before this Court and they were identified by Mr.T.Rajam
Stanly, SSI of Police, Thuckalay Police Station as well as by the learned
Counsels appearing for the parties. This Court also enquired both the parties
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Crl.O.P.(MD) No.11562 of 2022
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 427,
447, 452, 294(b), 323, 324, 506(ii) IPC and Section 4 of Tamil Nadu
Prohibition of Harassment of Women Act, 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.876 of 2020 pending before the first respondent
police, even though, the offences involved are not compoundable in nature.
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Crl.O.P.(MD) No.11562 of 2022
8.Accordingly, this Criminal Original Petition stands allowed and as a
sequel, the proceedings in Crime No.876 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.
06.07.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
lr
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11562 of 2022
V.SIVAGNANAM, J.
lr
To
1.The Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD) No.11562 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
