Madras High Court
S.Rani vs The Inspector Of Police on 7 December, 2023
Crl.O.P.(MD) No.13386 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Crl.O.P.(MD)No.13386 of 2020
and
Crl.M.P(MD)Nos.6148 & 6149 of 2020
1.S.Rani
2.P.S.Sundar
3.D.Elavarasi
4.W.Dasanand @ Dass Vinstan Gaffry Anand
5.S.Vinothini
6.G.R.Senthilkumar. ..Petitioners 1-6/A2-A7
7.K.Dineshrajan .. Impleaded petitioner/A1
Vs
1. The Inspector of Police,
All Women Police Station,
Dindigul,
Dindigul District.
Crime No.02 of 2019 .. 1st Respondent/Complainant
2. Buvanlojini .. 2nd Respondent/Defacto
Complainant
[7th petitioner is suo motu impleaded as per order of this Court dated
04.12.2023 in Crl.OP(MD)13386/2020 by KKRKJ]
1/16
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Crl.O.P.(MD) No.13386 of 2020
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records pertaining to the Charge Sheet in C.C.No.230 of 2020 on the
file of the Additional Mahila Court (Judicial Magistrate Level), Dindigul and
quash the same against the petitioners.
For Petitioners : Mr.G.Karuppasamy Pandian
For R1 : Mr.P.Kottaichamy
Government Advocate (Criminal side)
For R2 : Ms.T.Seeni Syed Amma
for M/s. Lajapathi Roy Associates
ORDER
The Criminal Original Petition has been filed to quash the charge sheet
in C.C.No.230 of 2020, for the alleged offence under Sections 498(A),
294(b), 406 and 506(i) IPC and Section 4 of the Dowry Prohibition Act, on
the file of the learned Additional Mahila Court (Judicial Magistrate Level),
Dindigul.
2. The second respondent is the defacto complainant and wife of the 7 th
respondent/A1. The other petitioners are the relatives of A1. The defacto
complainant made a complaint before the first respondent Police alleging that
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Crl.O.P.(MD) No.13386 of 2020
the 7th petitioner/husband and his family members demanded dowry and
during her pregnancy time, they left her in her parental home and never called
her back to matrimonial home because her child was born in moola star and
harassed her. Hence, the first respondent registered a case for the alleged
offence under Sections 498(A), 294(b), 406 and 506(i) IPC and Section 4 of
the Dowry Prohibition Act. The respondent police after completing the
investigation, filed the final report before the Additional Mahila Court
(Judicial Magistrate Level), Dindigul. The same was taken on file in C.C.No.
230 of 2020. Then the petitioners/accused filed the quash petition before this
Court. Pending the same, the parties entered into a compromise and amicably
resolved their dispute among themselves and they have filed a joint
compromise memo before this Court on the following terms:
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4. Today, when the matter was taken up for hearing, the defacto
complainant and her husband/A1 appeared before this Court and affirmed the
terms of the compromise.
5. The Hon'ble Apex Court in the case of Gian Singh vs. State of
Punjab and another reported in (2012) 10 SCC 303 and Parbathbhai Aahir
@ Parbathbhai Vs. State of Gujrath) reported in (2017) 9 SCC 641 has laid
down the guidelines for recording compromise for non-compoundable
offence.
6. In view of the compromise memo filed between the parties and
nature of relationship between the parties and also in the light of the
guidelines issued in the above said Judgments of the Hon'ble Apex Court, the
proceedings in C.C.No.230 of 2020 pending before the Additional Mahila
Court (Judicial Magistrate Level), Dindigul, is quashed and accordingly, this
Criminal Original Petition stands allowed on the following terms:
1. In view of the compromise entered between the parties, this
Court is inclined to quash the proceeding pending against all
the accused in C.C.No.230 of 2020 on the file of the
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Crl.O.P.(MD) No.13386 of 2020
Additional Mahila Court (Judicial Magistrate Level),
Dindigul.
2. The 5th petitioner/6th accused, the sister of A1 is an applicant
in the Tamil Nadu Public Service Commission examination
and she has been passed out in the preliminary examination.
In view of the above, the quashment of this proceedings is not
an impediment to get appointment if she is eligible in other
aspect.
3. A1 filed the HMOP.No.87/2021 on the file of the learned
Principal Sub Judge, Madurai and the same is pending. The
parties are directed to appear before the learned Principal Sub
Judge on 20.12.2023 and directed to file a mutual divorce
petition under Section 13-B of the Hindu Marriage Act, 1955.
Upon filing such petition, the learned Principal Sub Judge is
directed to pass the order in accordance with Section 13-B of
the Hindu Marriage Act, 1955 on the same day and report
before this Court on 21.12.2023.
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Crl.O.P.(MD) No.13386 of 2020
4. Today, Mr.G.Karuppasamy Pandian, learned counsel
appearing on behalf of the petitioners handed over the
Demand Draft bearing No.116808034 dated 02.12.2023 of Rs.
3,00,000/- to the second respondent/wife across the bar.
The terms of joint compromise memo shall form part and parcel of this order.
Consequently, connected miscellaneous petitions are closed.
07.12.2023
NCC : Yes/No
Internet : Yes/No
Index : Yes/No
PJL
Note:Issue order copy on 08.12.2023.
To
1.The Principal Sub Judge,
Madurai.
2. All Women Police Station,
Dindigul,
Dindigul District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD) No.13386 of 2020
K.K.RAMAKRISHNAN, J.
PJL
ORDER IN
Crl.O.P.(MD) No.13386 of 2020
07.12.2023
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