Madras High Court
Thangasundar vs State Represented By on 16 October, 2024
Crl.O.P.(MD)No.15817 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.15817 of 2024
1.Thangasundar
2.Selvi @ Mariselvam : Petitioners/A1 & A2
Vs.
1.State represented by
The Inspector of Police,
All Women Police Station,
Palayamkottai, Tirunelveli District.
(Crime No.5 of 2023)
2.Manjula ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of
BNSS., to call for the records in C.C.No.1802 of 2023 on the file of the
Additional Mahila Court, Tirunelveli and quash the same.
For Petitioners : Mr.L.Subramanian Kishore
For Respondents : Mr.K.Sanjai Gandhi,
Government Advocate (Crl. Side)
for R1.
: Mr.R.J.Karthik, for R2.
1/6
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Crl.O.P.(MD)No.15817 of 2024
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders, to call for the records in C.C.No.1802 of
2023 on the file of the Additional Mahila Court, Tirunelveli and quash
the same.
2.The case of the prosecution is that due to matrimonial dispute
between the first petitioner and the de-facto complainant, the first
petitioner along with his mother/second petitioner said to have abused
the de-facto complainant in filthy language and harassed her by
demanding additional dowry. Hence, the complaint.
3. 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.5 of
2023 and after investigation and filing of the final report, the same was
taken cognizance in C.C.No.1802 of 2023 on the file of the Additional
Mahila Court, Tirunelveli, for the offences under Sections 498(A), 406
and 506(i) of IPC against the petitioners. He would further submit that
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Crl.O.P.(MD)No.15817 of 2024
the third accused was reported dead on 01.09.2023 and they have
produced the copy of the death certificate.
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.
5. A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioners and the second respondent and
also by their respective counsels. The petitioners and the second
respondent are present before this Court and and they were identified by
Ms.V.Prema, (WHC 912), All Women Police Station, Palayamkottai,
Tirunelveli District 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 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), 406 and 506(i) of IPC.
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Crl.O.P.(MD)No.15817 of 2024
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 C.C.No.1802 of 2023 as against the
petitioner pending before the Additional Mahila Court, Tirunelveli, even
though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in C.C.No.1802 of 2023, on the file of the Additional
Mahila Court, Tirunelveli, is quashed as against the petitioners and the
joint compromise memo shall form part and parcel of this order.
16.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
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Crl.O.P.(MD)No.15817 of 2024
To
1.The Additional Mahila Judge,
Tirunelveli.
2.The Inspector of Police,
All Women Police Station,
Palayamkottai, Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.15817 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.15817 of 2024
Dated: 16.10.2024
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