Madras High Court
Subramanian vs The State Represented By on 10 January, 2023
Crl.O.P.(MD)No.15424 of 2020
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.15424 of 2020
Subramanian ... Petitioner
Vs.
1.The State represented by
The Inspector of Police (L&O),
B6, Jaihindpuram Police Station,
Madurai.
(Crime No.985 of 2012 of South Gate P.S)
2.Vasuki ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records in pursuant to the
Charge Sheet in C.C.No.46 of 2015 on the file of the Judicial Magistrate
No.IV, Madurai and quash the same against this petitioner.
For Petitioner : Mr.A.John Vincent
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.S.Thiagarajan
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15424 of 2020
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records in pursuant to the
Charge Sheet in C.C.No.46 of 2015 on the file of the Judicial Magistrate
No.IV, Madurai and quash the same against the petitioner.
2. The case of the prosecution is that on 23.03.2012, the second
respondent/defacto complainant's brother-in-law/first accused entered
into a lease agreement with the petitioner letting one of the houses of the
second respondent to the petitioner without her approval and that when
she asked about the same, the accused persons had threatened her.
3. The learned counsel appearing for the petitioner would submit
that the second respondent has lodged a complaint before South Gate
Police Station and on that basis, FIR came to be registered in Crime No.
685 of 2012 for the offences under Sections 406, 420 and 506(1) IPC and
after investigation and filing of the final report, the same was taken
cognizance in C.C.No.46 of 2015 on the file of the Judicial Magistrate
No.IV, Madurai for the offences under Sections 406, 420 and 506(1) IPC
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15424 of 2020
r/w 34 IPC as against the accused 1 and 2 and for the offences under
Sections 506(1) r/w 34 IPC as against the third accused and the
petitioner/fourth accused.
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 petitioner and the second
respondent are present before this Court and and they were identified by
Mr.M.Periyadaikkan, Special Sub Inspector, B6, Jaihindpuram Police
Station, Madurai City 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. In the instant case, the dispute is of personal in nature 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 506(1) r/w 34 IPC.
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Crl.O.P.(MD)No.15424 of 2020
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.46 of 2015 as against the petitioner
pending before the Judicial Magistrate No.IV, Madurai, 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.46 of 2015, on the file of the Judicial Magistrate
No.IV, Madurai, is quashed as against the petitioner 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15424 of 2020
To
1.The Judicial Magistrate No.IV,
Madurai.
2.The Inspector of Police (L&O),
B6, Jaihindpuram Police Station,
Madurai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15424 of 2020
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.15424 of 2020
Dated: 10.01.2023
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