Madras High Court
Karkuvelraja vs The Inspector Of Police on 12 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.18289 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.18289 of 2024
1. Karkuvelraja
2. Natarajan
3. Pandiselvi
4. Samutha ... Petitioners
Vs.
1.The Inspector of Police,
All Women Police Station
Madurai Town
Madurai City
2.Sindhu ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records pertaining to the proceedings in CC No.170
of 2022 on the file of the Judicial Magistrate cum Additional Mahila
Court, Madurai and quash the same.
For Petitioners : Mr.K.M.Raghavan
1/6
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Crl.O.P.(MD)No.18289 of 2024
For R1 : Mr.K.Sanjai Gandhi
Government Advocate (Crl.side)
For R2 : Mr.P.S. Nagarajan
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in CC No.170 of 2022 on the file of the Judicial Magistrate
cum Additional Mahila Court, Madurai
2. The case of the prosecution is that the marriage between the first
petitioner and the defacto complainant was solemnized on 05.06.2017
and at the time of marriage 35 sovereigns of gold jewels were presented
and after one month of marriage the accused persons demanded more
dowry and caused cruelty on the defacto complainant. Hence the case.
3. The learned counsel appearing for the petitioners would submit
that the second respondent lodged a complaint before the first respondent
and F.I.R. registered in Crime No.2 of 2019 , after investigation, final
report filed, the same taken cognizance in CC No.170 of 2022 on the file
of the Judicial Magistrate cum Additional Mahila Court, Madurai, for the
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Crl.O.P.(MD)No.18289 of 2024
offences under Sections 498(A) and 406 of IPC against the petitioners.
He further submitted that the first petitioner and the defacto complainant
has filed a petition for divorce between the Family Court, Madurai in
HMOP NP.1327 of 2024 and same was ordered and divorce was granted.
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. Now, divorce has been granted and agreeing to
withdraw the complaint, not willing to pursue the case.
5. A Joint Memo of Compromise filed before this Court signed by
the petitioners and the second respondent and their respective counsels.
The petitioners and the second respondent present before this Court,
identified by Mrs. D. Kavitha, WSSI, AWPS, Madurai City, as well as by
the learned counsels appearing for the parties. This Court enquired both
the parties, satisfied that the parties have come to an amicable settlement
between themselves on their own voluntarily without any compulsion.
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Crl.O.P.(MD)No.18289 of 2024
6. In the instant case, the dispute is of personal in nature arise out
of matrimonial dispute 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 498(A) and 406 of
I.P.C.
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 S.C.No.241 of 2023 as against the petitioners pending
before the Chief Judicial Magistrate Court, Ramanathapuram, even
though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in CC No.170 of 2022 on the file of the Judicial Magistrate
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Crl.O.P.(MD)No.18289 of 2024
cum Additional Mahila Court, Madurai, is quashed as against the
petitioners and the joint compromise memo shall form part and parcel of
this order.
NCC : Yes / No 12.11.2024
Index : Yes / No
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To
1.The Judicial Magistrate cum Additional Mahila Court, Madurai
2.The Inspector of Police,
All Women Police Station
Madurai Town
Madurai City
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18289 of 2024
M.NIRMAL KUMAR, J.
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Order made in
Crl.O.P.(MD)No.18289 of 2024
Dated: 12.11.2024
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