Dhilipan vs The Inspector Of Police
2022 Latest Caselaw 10392 Mad

                                                                       Crl.O.P.(MD) No.10684 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.10684 of 2022

                     1. Dhilipan

                     2. Muthulakshmi

                     3. Thalapathi Raja                                           ... Petitioners

                                                         Vs

                     1. The Inspector of Police,
                     Nagamalai Pudukkottai Police Station,
                     Madurai District.
                     Crime No.2305 of 2020.

                     2. K.Palpandi

                     3. M.Annalakshmi                                          ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to quash the FIR in Crime No.2305 of 2020, on the file of the first
                     respondent police.
                                          For Petitioners : Mr.R.J.Karthick
                                          For Respondents : Mr.E.Antony Sahaya Prabahar (R1)
                                                            Additional Public Prosecutor

                                                           Mr.L.Subramanian Kishore (R2&R3)

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.10684 of 2022




                                                            ORDER

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

Crime No.2305 of 2020, on the file of the first respondent police.

2.The case of the prosecution is that on 22.10.2020 at about 02.00PM,

the cow of the petitioners came into the house of the second

respondent/defacto complainant and ate the food. On seeing that, the third

respondent, who is the wife of the second respondent, beaten the cow. It

was questioned by the first petitioner and all the petitioners/accused were

abused and assaulted the third respondent. Due to mental agony, the third

respondent attempted to commit suicide. 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 & third

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10684 of 2022

respondents and also by their respective counsel. The petitioners and the

second & third respondents were also present in person before this Court

and they were identified by Mr.M.Ashokkumar, SSI of Police, Nagamalai

Pudukottai 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), 323, 506(i) IPC and Under Section 4 of Tamil Nadu

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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10684 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. 2305 of 2020 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.2305 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 Sub Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

(Crime No.85/2022).

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10684 of 2022

V.SIVAGNANAM, J.

PNM

ORDER IN CRL.O.P (MD) No.10684 of 2022

16.06.2022

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