Madras High Court
Chandrasekar vs The Inspector Of Police on 14 October, 2022
Crl.O.P.No.24976 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.No.24976 of 2022
1. Chandrasekar
2. Veerajeenammal ... Petitioners
Vs.
1. The Inspector of Police,
W-18, All Women Police Station,
Vyasarpadi, Chennai-39.
2. Revathy ... Respondents
Prayer : Criminal Original Petition has been filed under Section 482 of
Criminal Procedure Code to call for the records relating to the case in
C.C.No.8186 of 2007 on the file of Chief Metropolitan Magistrate Court,
Egmore, Chennai and quash the same.
For Petitioner : Mr.SP. Vijay Nivas
For R1 : Mr.S.Santhosh
Govt. Advocate (Crl. Side)
ORDER
This petition has been filed to call for the records relating to the
case in C.C.No.8186 of 2007 on the file of Chief Metropolitan Magistrate
Court, Egmore, Chennai and quash the same.
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Crl.O.P.No.24976 of 2022
2. The learned counsel for the petitioner submitted that the
petitioners are none other than the husband and mother in law of the 2nd
respondent/defacto complainant. He would further submit that the
petitioners and the defacto complainant have now entered into a
compromise and the issues between them are amicably settled and to that
effect, the 2nd respondent/defacto complainant has filed an affidavit in this
Criminal Original Petition giving her consent not to proceed with the case
in C.C.No.8186 of 2007 on the file of Chief Metropolitan Magistrate
Court, Egmore, Chennai and to quash the same. The same is hereby
recorded.
3.The case is pending in C.C.No.8186 of 2007 on the file of Chief
Metropolitan Magistrate Court, Egmore, Chennai. By passage of time, the
parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
4. The petitioners and the second respondent were also present in
person before this Court and they were identified by the concerned
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Crl.O.P.No.24976 of 2022
Inspector of Police, W-18, All Women Police Station, Vyasarpadi, Chennai-
39. 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 matrimonial in nature and the
parties have compromised with each other. Whereas the parties have
compromised the matter, the High Court has power to quash the complaint
for the offence under Sections 406 and 420 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 was 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 criminal proceedings pending in C.C.No.8186 of 2007 pending on the
file of Chief Metropolitan Magistrate Court, Egmore, Chennai even
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24976 of 2022
V. SIVAGNANAM, J.
msr
though, the offences involved are not compoundable in nature.
8. Accordingly, this Criminal Original Petition stands allowed and as
a sequel, the C.C.No.8186 of 2007 pending on the file of Chief
Metropolitan Magistrate Court, Egmore, Chennai is quashed and the terms
of Joint Compromise Memo shall form part and parcel of this order.
14.10.2022
Index: Yes/No
Internet:Yes/No
msr
To
1.The Inspector of Police,
W-18, All Women Police Station,
Vyasarpadi, Chennai-39.
2.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.24976 of 2022
https://www.mhc.tn.gov.in/judis
