Madras High Court
N.Somasundaram vs State Represented By on 24 January, 2023
Crl.O.P.(MD)No.46 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.46 of 2023
1.N.Somasundaram
2.Avu Raja ... Petitioners
Vs.
1.State represented by
The Inspector of Police,
Gangaikondan Police Station,
Tirunelveli District.
(Crime No.49 of 2019)
2.Lakshmi ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the
C.C.No.1999 of 2022 on the file of the learned Judicial Magistrate Court
No.III, Tirunelveli and quash the proceedings as against the petitioners
herein.
For Petitioners : Mr.C.Saravanakumar,
For R1 : Mr.R.Sivakumar,
Government Advocate (Crl. Side)
1/6
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Crl.O.P.(MD)No.46 of 2023
For R2 : Mr.A.Sanakararamasubramanian,
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the
C.C.No.1999 of 2022 on the file of the learned Judicial Magistrate Court
No.III, Tirunelveli and quash the proceedings as against the petitioners
herein.
2. The case of the prosecution is that on 24.03.2019, at about
11.00 pm, the petitioners trespassed into the defacto complainant's land
and cleared the brushes through Bulldozer, that when the same was
questioned by the defacto complainant, the petitioners assaulted the
defacto complainant and also threatened him with dire consequences.
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.49
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Crl.O.P.(MD)No.46 of 2023
of 2019 and after investigation and filing of the final report, the same
was taken cognizance in C.C.No.1999 of 2022 on the file of the Judicial
Magistrate No.III, Tirunelveli, for the offences under Sections 447,
294(b), 323, 506(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of
Harassment of Woman Act, 2002, 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 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.Arumugam, S.S.I, Gangaikondan Police Station, Tirunelveli 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.
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Crl.O.P.(MD)No.46 of 2023
6. In the instant case, the dispute is civil 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 447, 294(b), 323, 506(ii) IPC r/w Section 4 of Tamil Nadu
Prohibition of Harassment of Woman 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 C.C.No.1999 of 2022 as against the
petitioner pending before the learned Judicial Magistrate No.III,
Tirunelveli 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.1999 of 2022, on the file of the learned Judicial
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Crl.O.P.(MD)No.46 of 2023
Magistrate No.III, Tirunelveli District, is quashed as against the
petitioners and the joint compromise memo shall form part and parcel of
this order.
24.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The Judicial Magistrate No.III,
Tirunelveli District.
2.The Inspector of Police,
Gangaikondan Police Station,
Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.46 of 2023
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.46 of 2023
Dated: 24.01.2023
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