Madras High Court
Sikkandar vs State Represented By on 3 March, 2023
Crl.O.P.(MD)No.2508 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.2508 of 2023
Sikkandar ... Petitioner/
Sole Accused
Vs.
1.State represented by
The Inspector of Police,
Thiruchuli Police Station,
Virudhunagar District.
(Crime No.95 of 2022) ... 1st Respondent/
Complainant
2.Syed Ali Fathima ... 2nd Respondent/
Defacto
Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records relating to the FIR in
Crime No.95 of 2022 dated 05.05.2022 on the file of the first respondent
and quash the same.
For Petitioner : Mr.C.M.Mari Chelliah Prabhu
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.B.Muneeswaran
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2508 of 2023
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.95 of 2022 on the file of the first
respondent police and quash the same.
2. The case of the prosecution is that there existed previous dispute
between the petitioner and the second respondent/defacto complainant
and that on 05.05.2022, the petitioner had abused the second respondent
in filthy language and threatened her and also attacked the second
respondent's husband.
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.95 of 2022 dated
05.05.2022 for the offences under Sections 294(b), 323, 341, 355 and
506(1) IPC and Section 4 of TN Prohibition of Harassment of Women
Act, 2002 against the petitioner.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2508 of 2023
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 petitioner and the second respondent and
also by their respective counsel. The petitioner and the second
respondent were also present in person before this Court and they were
identified by Mr.Sivakumar, Sub Inspector, Thiruchuli 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, the dispute is of personal in nature 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 294(b), 323, 341, 355 and 506(1) IPC and Section 4 of
TN Prohibition of Harassment of Women Act, 2002.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2508 of 2023
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.95 of 2022 pending before the
first 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.95 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.
03.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2508 of 2023
To
1. The Inspector of Police,
Thiruchuli Police Station,
Virudhunagar 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.2508 of 2023
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.2508 of 2023
Dated: 03.03.2023
https://www.mhc.tn.gov.in/judis
