Jeyakumar vs The State Through
2023 Latest Caselaw 545 Mad

                                                                      Crl.O.P.(MD)No.22317 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 10.01.2023

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                           Crl.O.P.(MD)No.22317 of 2022

                     1.Jeyakumar

                     2.Sangareswari

                     3.Rajasekar                                           ... Petitioners


                                                         Vs.


                     1.The State through
                       The Inspector of Police,
                       Tallakulam All Women Police Station,
                       Madurai,
                       Madurai District.
                       (Crime No.3 of 2018)

                     2.J.Chandralekha                                      ... 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.383 of 2019 on the file of the learned Additional
                     Mahila Court (JM Level), Madurai, Madurai District and quash the same
                     as illegal.



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD)No.22317 of 2022




                                         For Petitioner        : Mr.R.Babu Jaganath

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

                                         For R2                : Mr.S.Karthikeyan



                                                             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.383 of 2019 on the file of the learned

Additional Mahila Court (JM Level), Madurai, Madurai District and

quash the same as illegal.

2. The case of the prosecution is that the marriage between the first

petitioner and the second respondent/defacto complainant was

solemnized on 08.03.2017 and that after the marriage, there existed

matrimonial dispute between them, due to that, the petitioners assaulted

the second respondent and abused her in filthy language.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22317 of 2022

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.3 of

2018 and after investigation and filing of the final report, the same was

taken cognizance in C.C.No.383 of 2019 on the file of the Additional

Mahila Court (JM level), Madurai, Madurai District for the offences

under Sections 406, 294(b), 498(A) and 506(2) IPC against the

petitioners.

4. The case is under trial. Since the marriage between the first

petitioner and the second respondent was already dissolved, 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 petitioners 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

M/s.K.Pramila, Women Special Sub Inspector (3004), All Women Police

Station, Tallakulam as well as by the learned counsels appearing for the

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22317 of 2022

parties. This Court also enquired both the parties and was satisfied that

the parties have come to an amicable settlement between themselves.

6. In the instant case, it is a matrimonial dispute 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 406, 294(b), 498(A) and 506(2) IPC.

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.383 of 2019 pending before the

Additional Mahila Court (JM Level), Madurai, Madurai 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.383 of 2019, on the file of the Additional Mahila

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22317 of 2022

Court (JM Level), Madurai, Madurai District, is quashed and the joint

compromise memo shall form part and parcel of this order.

                                                                            10.01.2023
                     NCC          :    Yes / No
                     Index        :    Yes / No
                     Internet     :    Yes / No
                     csm



                     To

1.The Additional Mahila Court (JM Level), Madurai, Madurai District.

2.The Inspector of Police, Tallakulam All Women Police Station, Madurai, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22317 of 2022

K.MURALI SHANKAR,J.

csm

Order made in Crl.O.P.(MD)No.22317 of 2022

Dated: 10.01.2023

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