P.Arun Pandi vs The Inspector Of Police
2022 Latest Caselaw 10389 Mad

                                                                        Crl.O.P.(MD) No.10226 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 16.06.2022

                                                       CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                          CRL.O.P (MD) No.10226 of 2022

                     1. P.Arun Pandi

                     2. Pandi

                     3. P.Allirani

                     4. P.Priyanka

                     5. P.Ilakiya                                                  ... Petitioners

                                                          Vs
                     1. The Inspector of Police,
                     Vadipatti Police Station,
                     Madurai District.
                     Crime.No. 1783 of 2020.

                     2. M.Nanthini
                                                                                   ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to quash the FIR in Crime No.1783 of 2020, on the file of the first
                     respondent police.
                                          For Petitioners : Mr.R. Srinivasan
                                          For Respondents : Mr.A.Albert James (R1)
                                                           Government Advocate (Crl.Side)

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.10226 of 2022




                                                                 Mr.S.Ramasundaravijayaraj (R2)

                                                            ORDER

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

Crime No.1783 of 2020, on the file of the first respondent police.

2.The case of the prosecution is that the defacto complainant is the

wife of the first petitioner and the petitioners 2 to 5 are the family members

of the first petitioner. The first petitioner harassed the defacto complainant,

at the instigation of his family members. Due to matrimonial dispute, the

defacto complainant consumed insecticide chalk and calotropis gigatea's

liquid. 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10226 of 2022

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.P.Servai, SSI of Police, Vadipatti Police Station. 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), 309, 498(A) IPC.

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.1783 of 2020 pending before the first respondent

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10226 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.1783 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.

16.06.2022 Internet:Yes./No Index:Yes/no PNM

To

1. The Inspector of Police, Vadipatti Police Station, Madurai District.

Crime.No. 1783 of 2020.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10226 of 2022

V.SIVAGNANAM, J.

PNM

ORDER IN CRL.O.P (MD) No.10226 of 2022

16.06.2022

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