Madras High Court
Alaguraja vs The Inspector Of Police on 2 March, 2023
Crl.O.P.(MD)No.1672 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.1672 of 2023
1.Alaguraja
2.Amaravathi ... Petitioners
Vs.
1.The Inspector of Police,
Kottampatti Police Station,
Kottampatti,
Madurai District.
(Crime No.110 of 2021)
2.Ramya ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records to the First Information
Report in Crime No.110 of 2019 on the file of the first respondent Police
and quash the same as illegal as against the petitioners.
For Petitioners : Mr.T.Vadivelan
1/6
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Crl.O.P.(MD)No.1672 of 2023
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.T.Prabhu
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records to the First
Information Report in Crime No.110 of 2019 on the file of the first
respondent Police and quash the same as illegal as against the petitioners.
2.The case of the prosecution is that the first petitioner and the
defacto complainant loved each other for more than five years and they
had physical relationship on many occasion. Thereafter, the first
petitioner went abroad for work. After returning from abroad, the first
petitioner refused to marry the defacto complainant and also threatened
her with dire consequences.
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Crl.O.P.(MD)No.1672 of 2023
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.110 of 2019 dated
25.03.2019 for the offences under Sections 376, 323 and 506(i) IPC
against the petitioners. The learned counsel appearing for the petitioners
would further submit that the first petitioner had married the second
respondent on 01.09.2022 and the same was registered on 28.09.2022.
The learned Government Advocate(Crl.side) would submit that the
accused had married the victim girl and their marriage was registered on
28.09.2022. The learned counsel for the petitioner has produced the
copy of the marriage certificate.
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
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Crl.O.P.(MD)No.1672 of 2023
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.R.Jeyanthan, Special Sub Inspector of Police, Melur
Police Station 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, 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
376, 323 and 506(i) IPC.
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.110 of 2019 pending before the first
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Crl.O.P.(MD)No.1672 of 2023
respondent police, even though, the offences involved are not
compoundable in nature.
9.Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.110 of 2019 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.
02.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gns
To
1.The Inspector of Police,
Kottampatti Police Station,
Kottampatti,
Madurai 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.1672 of 2023
K.MURALI SHANKAR,J.
gns
Crl.O.P.(MD)No.1672 of 2023
02.03.2023
https://www.mhc.tn.gov.in/judis
