Madras High Court
Samayan vs The Inspector Of Police on 1 March, 2023
Crl.O.P.(MD)No.15858 of 2022
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.15858 of 2022
Samayan ... Petitioner
Vs.
1.The Inspector of Police,
Elumalai Police Station,
Usilampatti Taluk,
Madurai District,
Madurai.
(Crime No.189/2019)
2.Pappathi ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the First
Information Report in Crime No.189 of 2019 dated 17.07.2019 on the
file of the first respondent and quash the same as illegal.
For Petitioner : Mr.S.Rajasekar
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.S.Vasanth
1/6
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Crl.O.P.(MD)No.15858 of 2022
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.189 of 2019 dated 17.07.2019 on the
file of the first respondent and quash the same as illegal.
2.The case of the prosecution is that the defacto complainant's
minor daughter was missing from 14.07.2019. Hence, she lodged a
complaint.
3.When the matter is taken up for hearing today, the learned
counsel appearing for the petitioner 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.189 of 2019 dated
17.07.2019 for the offences under the caption girl missing. After
investigation, the case was altered into 366(A)IPC and thereafter, again
altered into Sections 5(j)(ii),(1) and 6 POCSO Act, 2012 vide alteration
report dated 29.08.2019.
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Crl.O.P.(MD)No.15858 of 2022
4.The learned Government Advocate(Crl.side) appearing for the
first respondent would submit that the victim girl was 17 years old at the
time of occurrence. The learned counsel for the petitioner would submit
that the petitioner had married the victim girl on 26.09.2019 and their
marriage was registered on 27.11.2019 and they are blessed with two
children. They have also produced the marriage certificate.
5.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.
6.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 counsel. The petitioners and the second
respondent were also present in person before this Court and they were
identified by M/s.V.Eswari, Special Sub Inspector of Police(in-charge),
Chekkanoorani as well as by the learned counsels appearing for the
parties. This Court also enquired both the parties and was satisfied that
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Crl.O.P.(MD)No.15858 of 2022
the parties have come to an amicable settlement between themselves.
7.In the instant case, it is a family dispute and now the parties had
compromised. Where the parties have compromised the matter, the High
Court has power to quash the complaint for the offences under Sections
Sections 5(j),(1) and 6 POCSO Act, 2012.
8.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.
9.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.189 of 2019 pending before the first
respondent police, even though, the offences involved are not
compoundable in nature.
10.Accordingly, this Criminal Original Petition stands allowed
and as a sequel, the proceedings in Crime No.189 of 2019 on the file of
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Crl.O.P.(MD)No.15858 of 2022
the first respondent police, is quashed and the terms of 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 Inspector of Police,
Elumalai Police Station,
Usilampatti Taluk,
Madurai District,
Madurai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15858 of 2022
K.MURALI SHANKAR,J.
gns
Crl.O.P.(MD)No.15858 of 2022
01.03.2023
https://www.mhc.tn.gov.in/judis
