Madras High Court
Kaviarasu vs The State Of Tamil Nadu on 11 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.19226 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.19226 of 2024
1.Kaviarasu
2.Arasu
[Wrongly mentioned in F.I.R. as ''Tamilarasan'']
3.Dhanalakshmi
4.Baby Priya
[Wrongly mentioned in F.I.R. as ''Devipriya'']
5.Navaneetha Pandiyan ... Petitioners
Vs.
1.The State of Tamil Nadu, Rep. by
The Inspector of Police,
All Women Police Station,
Melur,
Madurai District.
(Crime No.32 of 2023)
2.Keerthana @ Selva Keerthana ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records pertaining to the F.I.R. registered in Crime
1/7
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Crl.O.P.(MD)No.19226 of 2024
No.32 of 2023, on the file of the first respondent Police and quash the
same.
For Petitioners : Mr.S.M.Arun Kumar
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Ms.A.P.Yazhini
ORDER
The Criminal Original Petition has been filed invoking Section
528 B.N.S.S., 2023, seeking orders to quash the F.I.R. in Crime No.32 of
2023, pending on the file of the first respondent Police.
2. The case of the prosecution is that the second respondent was
married to the first petitioner on 01.06.2023. The second respondent's
parents presented 27 sovereigns of gold jewels to her and three
sovereigns of gold jewels to the first petitioner, along with marriage gifts
worth Rs.5,00,000/-. The first petitioner demanded a bullet bike be
presented to him one week before the marriage. The first petitioner and
the second and third petitioners, who are the parents of the first
petitioner, agreed to proceed with the marriage only after the bullet bike
was presented.
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Crl.O.P.(MD)No.19226 of 2024
2.1. After the marriage, the second respondent and the first
petitioner lived together in the Fire and Rescue Service Quarters in
Chennai, for four days. Subsequently, the second respondent moved with
the first petitioner's parents and lived there until 27.06.2023. During this
period, the petitioners demanded the second respondent's salary,
and Rs.5,00,000/- to redeem jewels belonging to the fourth petitioner,
and a house property in Chennai. When these demands were not met,
they abused, threatened and harassed, if she failed to comply with the
demands.
2.2. As a result, on 28.06.2023, the second respondent left the
petitioners' home and went to her parental home, where she resided. On
03.08.2023, the first petitioner took her back to the matrimonial home
after a mediation. However, the petitioners continued their demand and
threats, using abusive language against the second respondent. On
17.08.2023, she left the matrimonial home with her brother and lodged a
complaint.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the second
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Crl.O.P.(MD)No.19226 of 2024
respondent has lodged a complaint before the first respondent Police and
on that basis, F.I.R. came to be registered in Crime No.32 of 2023, dated
11.10.2023, for the offences under Sections 498(A), 294(b) and 506(i) of
I.P.C. and Section 4 of the Dowry Prohibition Act, 1961, against the
petitioners.
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 and affidavit filed before this
Court, signed by the petitioners and the second respondent and also by
their respective counsels. The petitioners and the second respondent
present in person before this Court and they were identified by
Ms.T.Parimala, Special Sub-Inspector of Police, All Women Police
Station, Melur, Madurai District, as well as by the learned counsels
appearing for the parties. This Court enquired both the parties and
satisfied that the parties have come to an amicable settlement between
themselves. The first petitioner and the second respondent decided to
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Crl.O.P.(MD)No.19226 of 2024
part ways and filed divorce petition by mutual consent in H.M.O.P.No.
125 of 2024, resolving all the issues between them.
6. In the instant case, the dispute arises due to matrimonial discord
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 498-A, 294(b) and 506(i) of
I.P.C. and Section 4 of the Dowry Prohibition Act, 1961.
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Punjab and another reported in (2012)
10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat)
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.32 of 2023, pending before the first
respondent Police, even though, the offences involved are not
compoundable in nature.
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Crl.O.P.(MD)No.19226 of 2024
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.32 of 2023, 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.
11.11.2024
NCC : Yes / No
Index : Yes / No
smn2
To
1.The Inspector of Police,
All Women Police Station,
Melur,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.19226 of 2024
M.NIRMAL KUMAR, J.
smn2
Order made in
Crl.O.P.(MD)No.19226 of 2024
Dated: 11.11.2024
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