Madras High Court
Marimuthu vs The State Represented By on 22 June, 2022
Crl.O.P.(MD) No.11025 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.11025 of 2022
Marimuthu ... Petitioner/
Sole Accused
Vs
1. The State represented by
The Sub-Inspector of Police,
Sivakasi Town Police Station,
Virudhunagar District.
(Crime No.169 of 2022) ... 1st Respondent/
Complainant
2. Kaleeswari ...2nd Respondent/
Defacto
Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records in the case in Crime No.169 of 2022 on the
file of the first respondent police and quash the same as illegal.
For Petitioner : Mr.M.Jothi Basu
For Respondents : Mr.R.Suresh Kumar,
Government Advocate (Crl. Side) for R1
Mr.V.T.Prabhakaran for R2
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11025 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.169 of 2022, dated 15.05.2022, on the file of the first respondent.
2.The case of the prosecution is that due to family dispute, the
petitioner attacked the defacto complainant with hand and abused her in
filthy language. Hence, the defacto complainant lodged a complaint and for
the same, an FIR had been registered in Crime No.169 of 2022, for the
offences under Sections 341, 294(b), 355 and 506(1) of IPC and Section 4
of TN Prohibition of Harassment of Women Act, 2002.
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.The defacto complainant and the petitioner are close relatives and
due to family dispute, the occurrence took place between them.
5.A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioner and the second respondent and
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Crl.O.P.(MD) No.11025 of 2022
also by their respective counsel. The petitioner and the second respondent
were also present in person before this Court and they were identified by
Mr.G.Perumal, SSI of Police, Sivakasi Town Police Station. This Court also
enquired both the parties and was satisfied that the parties have come to an
amicable settlement between themselves.
6.The defacto complainant is not interested to continue the criminal
proceedings against the petitioner. Under these circumstances, continuing
the criminal proceedings against the petitioner would be of no use.
7.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 341, 294(b), 355 and 506(1) of IPC and Section 4 of TN
Prohibition of Harassment of Women Act, 2002.
8.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.11025 of 2022
9.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.169 of 2022 pending before the first respondent
police, even though, the offences involved are not compoundable in nature.
10.Accordingly, this Criminal Original Petition stands allowed and as
a sequel, the proceedings in Crime No.169 of 2022 on the file of the first
respondent police, is quashed insofar as the petitioner alone and the terms of
joint compromise memo shall form part and parcel of this order.
22.06.2022
Internet:Yes./No
Index:Yes/no
csm
To
1. The Sub-Inspector of Police,
Sivakasi Town Police Station,
Virudhunagar District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11025 of 2022
V.SIVAGNANAM, J.
csm
ORDER IN
CRL.O.P (MD) No.11025 of 2022
22.06.2022
https://www.mhc.tn.gov.in/judis
