Merlin Mary vs The Inspector Of Police
2023 Latest Caselaw 1299 Mad

                                                                          Crl.O.P.(MD)No.42 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 02.02.2023

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                              Crl.O.P.(MD)No.42 of 2023

                     1.Merlin Mary
                     2.M.Ravikumar
                     3.M.Jayakumar
                     4.LeslinAnto
                     5.Genaksh @ Jenexlin                                    ... Petitioners
                                                         Vs.

                     1.The Inspector of Police,
                       Thuckalay Police Station,
                       Kanyakumari District.
                       (Crime No.205 of 2019)

                     2.Pethalin Anusha                                       ... Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records relating to the impugned
                     charge sheet in C.C.No.3 of 2022, dated 15.09.2019 on the file of the
                     learned Judicial Magistrate Court, Padmanabhapuram, Kanyakumari
                     District and quash the same.


                                      For Petitioners    : Mr.G.Aravindan,


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.(MD)No.42 of 2023

                                         For R1               : Mr.M.Muthumanikkam
                                                                Government Advocate (Crl. Side)

                                         For R2               : Mr.PL.S.Solai Alagan


                                                           ORDER

This Criminal Original Petition has been filed, invoking Section

482 Cr.P.C., seeking orders, to call for the records relating to the

impugned charge sheet in C.C.No.3 of 2022, dated 15.09.2019 on the file

of the learned Judicial Magistrate Court, Padmanabhapuram,

Kanyakumari District and quash the same.

2. The case of the prosecution is that due to previous enmity, on

05.04.2019 at about 11.00 am, the petitioners trespassed into the defacto

complainant's house, abused the defacto complainant in filthy language

and threatened him with dire consequences and also attacked him.

Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit

that the second respondent has lodged a complaint before the first

respondent and on that basis, FIR came to be registered in Crime No.205

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.42 of 2023

of 2019 and after investigation and filing of the charge sheet, the same

was taken cognizance in C.C.No.3 of 2022 on the file of the Judicial

Magistrate Court, Padmanabhapuram, Kanyakumari District, against the

petitioners.

4. The case is under trial. By passage of time, the parties have

decided to bury their hatchet and compromise the dispute amicably

among themselves.

5. A Joint Memo of Compromise has been filed before this Court

which have been signed by the petitioner and the second respondent and

also by their respective counsels. The petitioners and the second

respondent are present before this Court and and they were identified by

Mr.T.Rajan Stanly, SSI, Thuckalay Police Station, Kanyakumari District

as well as by the learned Counsels appearing for the parties. This Court

also enquired both the parties and was satisfied that the parties have

come to an amicable settlement between themselves.

6. Where the parties have compromised the matter, the High Court

has to power to quash the complaint for the offence under Sections 147,

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.42 of 2023

148, 294(b), 323, 448, 506(i) IPC and Section of TNPHW Act.

7. 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.

8. 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 C.C.No.3 of 2022 pending before the

Judicial Magistrate Court, Padmanabhapuram, Kanyakumari District,

even though, the offences involved are not compoundable in nature.

9. Accordingly, this Criminal Original Petition is allowed and the

proceedings in C.C.No.3 of 2022, on the file of the Judicial Magistrate

Court, Padmanabhapuram, Kanyakumari District, is quashed as against

the petitioners and the joint compromise memo shall form part and parcel

of this order.

02.02.2023 NCC : Yes/No Index : Yes / No

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.42 of 2023

Internet : Yes / No das

To

1.The Judicial Magistrate, Padmanabhapuram, Kanyakumari District,

2.The Inspector of Police, Thuckalay Police Station, Kanyakumari 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.42 of 2023

K.MURALI SHANKAR,J.

das

Order made in Crl.O.P.(MD)No.42 of 2023

Dated: 02.02.2023

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