Madras High Court
Bosco Raj vs The State Of Tamil Nadu on 26 July, 2022
Crl.O.P.(MD) No.13177 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.13177 of 2022
1.Bosco Raj
2.Nirmala
3.Arul Dhas @ Ravi ... Petitioners/Accused Nos.1, 6 and 7
Vs.
1.The State of Tamil Nadu,
Represented by,
The Inspector of Police,
All Women Police Station,
Marthandam,
Kanyakumari District.
(Crime No.31 of 2018). ... 1st Respondent/Complainant.
2.Josephine Rincy ... 2nd Respondent/Defacto Complainant.
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records relating to the impugned charge sheet in
C.C.No.133 of 2020 on the file of Judicial Magistrate-II,
Padmanabhapuram in so far as the petitioners / accused nos.1, 6 and 7 are
concerned, quash the same.
1/6
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Crl.O.P.(MD) No.13177 of 2022
For Petitioners : Mr.A.Rajkumar Sen
For R-1 : Mr.A.Albert James,
Government Advocate,
Criminal Side.
For R-2 : Mr.K.P.Narayanakumar
ORDER
The Criminal Original Petition has been filed to quash the
impugned charge sheet in C.C.No.133 of 2020 on the file of Judicial
Magistrate-II, Padmanabhapuram.
2.The case of the prosecution is that due to matrimonial dispute, a
case was registered against the petitioners in Crime No.31 of 2018 for
offences under Sections 498(A) and 406 I.P.C read with Sections 4 and 6
of the Dowry Prohibition Act, 1961 at the instance of the second
respondent. Thereafter, the final report was filed and it was taken on file
as C.C.No.133 of 2020 on the file of learned Judicial Magistrate-II,
Padmanabhapuram. The petitioners alleged that without any proper
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Crl.O.P.(MD) No.13177 of 2022
evidence, a case has been registered against the petitioners. Aggrieved
over the same, the present Criminal Original Petition has been filed to
quash the impugned charge sheet in C.C.No.133 of 2020 on the file of
Judicial Magistrate-II, Padmanabhapuram.
3.The case is under trial. 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 Ms.C.Asha, Woman Head Constable 1928, A.W.P.S
Marthandam, Kanyakumari District, 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.
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Crl.O.P.(MD) No.13177 of 2022
5. In the instant case, the dispute is of matrimonial in nature. The
first petitioner is the husband of the second respondent and the second
and third petitioners are his relatives. Now, 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
498(A) and 406 I.P.C read with Sections 4 and 6 of the Dowry
Prohibition Act 1961.
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 C.C.No.133 of 2020 pending before the learned
Judicial Magistrate-II, Padmanabhapuram, even though, the offences
involved are not compoundable in nature.
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Crl.O.P.(MD) No.13177 of 2022
8. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in C.C.No.133 of 2020 on the file of the
learned Judicial Magistrate-II, Padmanabhapuram is quashed and the
terms of joint compromise memo shall form part and parcel of this order.
26.07.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
Nsr
To
1.The Judicial Magistrate-II,
Padmanabhapuram.
2.The Inspector of Police,
All Women Police Station,
Marthandam,
Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD) No.13177 of 2022
V.SIVAGNANAM, J.
Nsr
Crl.O.P.(MD) No.13177 of 2022
26.07.2022
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