Madras High Court
Antony Charles vs The State Represented By Its on 19 January, 2023
Crl.O.P.(MD)No.21751 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.21751 of 2022
1.Antony Charles
2.Selva Nelson
3.Loorthu Vino
4.L.Antony Selvam
5.A.Mariya Selvam
6.Selva Parparan
7.Mariya Balammal ... Petitioners
Vs.
1.The State represented by its
The Inspector of Police,
Mukkudal Police Station,
Tirunelveli District.
Crime No.75 of 20022
2.Lurthu Surekha ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the case in
1/6
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Crl.O.P.(MD)No.21751 of 2022
Crime No.75 of 2022 on the file of the respondent police and quash the
same.
For Petitioners : Mr.G.Sailendrababu,
For Respondents : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
for R1.
: Mr.S.Vishnuvardhan, for R2.
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 2022 on the file of the first
respondent police and quash the same.
2. The case of the prosecution is that there arose wordy quarrel
between the petitioners and the defacto complainant, due to which, the
petitioners threatened the defacto complainant with dire consequences.
Hence, she lodged a complaint.
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Crl.O.P.(MD)No.21751 of 2022
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 2022 dated
03.07.2022 for the offences under Sections 147, 294(b), 323, 506(ii) IPC
and Section 4 of Tamil Nadu 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. 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.D.Anthony Rose, Police Constable 1846, Mukkudal
Police Station, Tirunelveli District as well as by the learned counsels
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Crl.O.P.(MD)No.21751 of 2022
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 power to quash the complaint for the offences under Sections 147,
294(b), 323, 506(ii) IPC and Section 4 of TN Prohibition of Harassment
of Women Act, 2002.
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 Crime No.75 of 2022 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.21751 of 2022
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.75 of 2022 on the file of the
first respondent police, is quashed and the terms of joint compromise
memo shall form part and parcel of this order.
19.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The Inspector of Police,
Mukkudal Police Station,
Tirunelveli 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.21751 of 2022
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.21751 of 2022
Dated: 19.01.2023
https://www.mhc.tn.gov.in/judis
