Madras High Court
Raja vs The State Rep By on 1 March, 2023
Crl.O.P.(MD)No.2068 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.03.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.2068 of 2023
1.Raja
2.Karnan
3.Balamurugan
4.Mariyammal ... Petitioners
Vs.
1.The State Rep by
The Inspector of Police,
Vadipatti Police Station,
Madurai District.
2.Pandiyammal ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, to call for the records in connection with the
impugned charge sheet in C.C.No.84 of 2021 on the file of the learned
Judicial Magistrate, Vadipatti and quash the same in so far as the
petitioners are concerned.
For Petitioners : Mr.G.Manikandan
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2068 of 2023
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.K.Dhanaraj
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records in connection with the
impugned charge sheet in C.C.No.84 of 2021 on the file of the learned
Judicial Magistrate, Vadipatti and quash the same in so far as the
petitioners are concerned.
2.The case of the prosecution is that the brother of the defacto
complainant's husband, one Kandavel got married to one Kushbu. Due
to the quarrel between them, Kushbu consumed poison on 12.08.2020,
for which, the petitioners abused the defacto complainant in filthy
language, attacked her and threatened her with dire consequences.
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Crl.O.P.(MD)No.2068 of 2023
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.1668 of 2020 and after investigation and filing of the final report, the
same was taken cognizance in C.C.No.84 of 2021 on the file of the
Judicial Magistrate, Vadipatti for the offences under Sections 147,
294(b), 323, 324, 506(1) IPC and Section 4 of TNPHW Act 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
Mr.A.Muthukrishnan, Head Constable-394, Vadipatti Police Station as
well as by the learned counsels appearing for the parties. This Court also
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Crl.O.P.(MD)No.2068 of 2023
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 147, 294(b), 323, 324, 506(1) IPC and Section 4
of TNPHW Act.
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.84 of 2021 as against the petitioners pending
before the Judicial Magistrate, Vadipatti, even though, the offences
involved are not compoundable in nature.
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Crl.O.P.(MD)No.2068 of 2023
9.Accordingly, this Criminal Original Petition is allowed and the
proceedings in C.C.No.84 of 2021, on the file of the Judicial Magistrate,
Vadipatti, is quashed as against the petitioners and the joint compromise
memo shall form part and parcel of this order.
01.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gns
To
1.The Judicial Magistrate,
Vadipatti.
2.The Inspector of Police,
Vadipatti Police Station,
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.2068 of 2023
K.MURALI SHANKAR,J.
gns
Crl.O.P.(MD)No.2068 of 2023
01.03.2023
https://www.mhc.tn.gov.in/judis
