Madras High Court
Pabik @ Baffik vs The State Through on 27 June, 2022
Crl.O.P.(MD) No.10354 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.10354 of 2022
and
Crl.M.P(MD) No. 6456 of 2022
Pabik @ Baffik ... Petitioner/ Sole Accused
Vs
1.The State through
The Inspector of Police,
Pudukkottai Police Station,
Thoothukudi District.
(Crime No.131 of 2022) ... 1st Respondent/Complainant
2.Rositta ... 2nd Respondent/ Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records pertaining to the First Information Report in
Crime No.131 of 2022 on the file of the Inspector of Police, Pudukkottai
Police Station, Thoothukudi District, dated 25.04.2022 and quash the same.
For Petitioner : Mr.B.N.Raja Mohamed
For R1 : Mr.A.Albert James
Government Advocate (Crl Side)
For R2 : Mr.A.M.Ganeshan
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.10354 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.131 of 2022, on the file of the first respondent police.
2.The case of the prosecution is that on 24.04.2022 at about 3.00 p.m
the petitioner has trespassed into the defacto complainant's house and
damaged the materials worth about Rs.48,200/- in aggregate. It is further
alleged that the accused has attacked the defacto complainant using his
cycle chain on her left hand and abused her in filthy language. Hence, the
defacto complainant lodged a complaint before the respondent police and
the same was registered in Crime No.131 of 2022 for the offences under
Sections 448, 294(b), 324, 427, 506(ii) of IPC and under Section 4 of Tamil
Nadu 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.10354 of 2022
4. The learned counsel for the petitioners, the learned Government
Advocate and the learned counsel for the second respondent submitted that
the petitioner and the second respondent are relatives and they have
compromised the matter and settled the dispute out of the Court and to that
effect they have filed a Joint Memo of Compromise before this Court which
have been signed by the petitioner and the second respondent and also by
their respective counsel. The petitioner and the second respondent were
also present in person before this Court and they were identified by the
learned Government Advocate (Crl.Side) and Mr.D.Sekar, SSI, Pudukkottai
Police Station, Thoothukudi District. 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 448, 294(b), 324, 427, 506(ii) of IPC and under Section 4 of Tamil
Nadu Prohibition of Harassment of Women Act, 2002.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.10354 of 2022
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.131 of 2022 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.131 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.
Consequently, the connected Miscellaneous Petition is closed.
27.06.2022
Internet:Yes./No
Index:Yes/no
ebsi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.10354 of 2022
To
1.The Inspector of Police,
Pudukkottai Police Station,
Thoothukudi 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.10354 of 2022
V.SIVAGNANAM, J.
ebsi
ORDER IN
CRL.O.P (MD) No.10354 of 2022
27.06.2022
https://www.mhc.tn.gov.in/judis
