T.Thanga Arasu vs The Superintendent Of Police
2022 Latest Caselaw 10006 Mad

                                                                          Crl.O.P.(MD) No.7499 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 14.06.2022

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                           CRL.O.P (MD) No.7499 of 2022


                     T.Thanga Arasu                                ... Petitioner/ sole Accused
                                                           Vs
                     1.The Superintendent of Police,
                       Kanyakumari District,
                       Nagercoil,
                       Kanyakumari.                                      .... 1st Respondent/Nil

                     2. The Inspector of Police,
                        Kanyakumari Police Station,
                        Kanyakumari District.                       .... 2nd respondent/Complainant

                     3. Sathyabama                     ... 3rd Respondent/ De-facto Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records in connection with the C.C.No.6 of 2022 on
                     the file of the Additional Mahila Court, Nagercoil and quash the same in
                     respect of the petitioner.


                                         For Petitioner      : Mr.R.M.Suresh

                                         For R1 & R2         : Mr.A.Albert James
                                                               Government Advocate (Crl.side)
                                         For R3              : Mr.G.Kalidoss

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.(MD) No.7499 of 2022




                                                            ORDER

The Criminal Original Petition has been filed to quash the Charge

Sheet in C.C.No.6 of 2022 on the file of the Additional Mahila Court,

Nagercoil for the offences punishable under Sections 452, 354, 294(b),

506(ii) of IPC and under Section 4 of Tamil Nadu Prohibition of

Harassment of Women Act 2002, in Crime No.127 of 2018.

2.The case is under trial. By passage of time, the parties have decided

to bury their hatchet and compromise the dispute amicably among

themselves.

3. A Joint Memo of Compromise has been filed before this Court

which have been signed by the petitioner and the third respondent and also

by their respective counsel. The petitioner and the third respondent were

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

learned Government Advocate and Mr.R.John Rajan, SSI of Police,

Kanyakumari Police Station. This Court also enquired both the parties and

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.7499 of 2022

was satisfied that the parties have come to an amicable settlement between

themselves.

4. 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 452, 354, 294(b) and 506(ii) of IPC r/w 4 of TNWHA.

5. 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.

6. 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.6 of 2022 pending before the Additional Mahila

Court, Nagercoil, even though, the offences involved are not compoundable

in nature.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.7499 of 2022

7. Accordingly, this Criminal Original Petition stands allowed and as

a sequel, the proceedings in C.C.No.6 of 2022, on the file of the Additional

Mahila Court, Nagercoil is quashed and the terms of joint compromise

memo shall form part and parcel of this order.

                                                                                              14.06.2022

                     Internet:Yes./No                                                              (2/2)
                     Index:Yes/no
                     ebsi

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.7499 of 2022

To

1.The Superintendent of Police, Kanyakumari District, Nagercoil, Kanyakumari.

2. The Inspector of Police, Kanyakumari Police Station, Kanyakumari District

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.7499 of 2022

V.SIVAGNANAM, J.

ebsi

ORDER IN CRL.O.P (MD) No.7499 of 2022

14.06.2022

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