Madras High Court
Vijay vs The State Represented By Its on 31 January, 2023
Crl.O.P.(MD)No.1372 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.1372 of 2023
1.Vijay
2.Ajith @ Ajith Kumar
3.Karmegam
4.Jothi Lakshmi ... Petitioners
Vs.
1.The State represented by its
The Inspector of Police,
Uchipuli Police Station,
Ramanathapuram District.
Crime No.75 of 2018.
2.Panchavarnam ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the case in
Crime No.75 of 2018 on the file of the first respondent police and quash
the same.
For Petitioners : Mr.A.Uthayakumar,
1/6
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Crl.O.P.(MD)No.1372 of 2023
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.K.Ganeshkumar
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the First
Information Report in Crime No.75 of 2018 on the file of the first
respondent police and quash the same.
2. The case of the prosecution is that there was a money dispute
between the petitioners and the defacto complainant, due to which, the
petitioners abused the defacto complainant in filthy language and also
attacked her. Hence, she lodged a complaint.
3. When the matter is taken up for hearing today, 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.75 of 2018, dated
01.05.2018 for the offences under Sections 294(b), 323, 324, 506(i) IPC
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Crl.O.P.(MD)No.1372 of 2023
and Section 4 of TN Prohibition of Harassment of Women Act, 2002
against the petitioners.
4. The case is still under the investigation. By passage of time, the
parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
5. The learned counsel for the petitioners would submit that they
are not pressing the petition in respect of the first petitioner/A1 alone and
he has made an endorsement to that effect.
6. Recording the same, this Criminal Original Petition is dismissed
as not pressed in respect of the first petitioner concerned.
7. A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioners and the second respondent and
also by their respective counsel. The petitioners and the second
respondent were also present in person before this Court and they were
identified by Mr.P.Ramamoorthy, SSI, Uchipuli Police Station as well as
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Crl.O.P.(MD)No.1372 of 2023
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.
8. In the instant case, it is a family dispute and now the parties had
compromised. Where the parties have compromised the matter, the High
Court has power to quash the complaint for the offences under Sections
294(b), 323, 324, 506(i) IPC and Section 4 of TN Prohibition of
Harassment of Women Act, 2002.
9. 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.
10. 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.75 of 2018 pending before the
first respondent police, even though, the offences involved are not
compoundable in nature.
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Crl.O.P.(MD)No.1372 of 2023
11. Accordingly, this Criminal Original Petition stands allowed
and as a sequel, the proceedings in Crime No.75 of 2018 on the file of
the first respondent police, is quashed in respect of the petitioners 2 to 4
alone and the terms of joint compromise memo shall form part and parcel
of this order.
31.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The Inspector of Police,
Uchipuli Police Station,
Ramanathapuram 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.1372 of 2023
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.1372 of 2023
Dated: 31.01.2023
https://www.mhc.tn.gov.in/judis
