Parthasarathi vs State Represented By
2024 Latest Caselaw 19596 Mad

Madras High Court

Parthasarathi vs State Represented By on 18 October, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                       Crl.O.P.(MD)No.15673 of 2023

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 18.10.2024

                                                        CORAM:

                        THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                            Crl.O.P.(MD)No.15673 of 2023
                                                        and
                                            Crl.M.P.(MD)No.12453 of 2023

                     1.Parthasarathi
                     2.Valarmathi
                     3.Mahendran                                    ... Petitioners/A1 to A3

                                                            vs.
                     1.State Represented by
                       The Inspector of Police,
                       All Women Police Station,
                       Virudhunagar,
                       Virudhunagar District.                      ... 1st Respondent/Complainant

                     2.R.Poongodi                         ... 2nd Respondent/Defacto Complainant

                                  Prayer:- Petition filed under Section 482 of Cr.P.C., to call for
                     the records relating to the FIR in Crime No.04 of 2023 on the file of the
                     Inspector of Police, AWPS-Virudhunagar Police Station, Virudhunagar
                     District in respect of the petitioners herein is concerned.
                                     For Petitioners    : Mr.R.Thamaraiselvan

                                     For Respondents : Mr.R.M.Anbunithi
                                                     Additional Public Prosecutor for R1

                                                         Mr.M.Muthamizharasan for R2

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                     1/4
                                                                       Crl.O.P.(MD)No.15673 of 2023

                                                         ORDER

The Criminal Original Petition is filed to quash the FIR in Crime

No.04 of 2023 on the file of the Inspector of Police, AWPS-Virudhunagar

Police Station, Virudhunagar District in respect of the petitioners are

concerned.

2.The learned counsel for the petitioners seeks quashment of the

case on compromise. A joint compromise memo is also filed. The offence

arises out of matrimonial discord and both the husband and wife have

decided to mutually separate and part as friends.

3.In view thereof, as per the dictum of the Hon'ble Supreme

Court of India in B.S.Joshi and ors., Vs. State of Haryana and anr.,

reported in (2003) 4 SCC 675 and the subsequent judgments, I am of the

view that this is a fit case for quashing the case on compromise.

4.Accordingly, the Criminal Original Petition stands allowed and

the FIR in Crime No.04 of 2023 on the file of the Inspector of Police,

AWPS-Virudhunagar Police Station, Virudhunagar District, is quashed.

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.15673 of 2023

The memorandum of compromise shall form part of the order.

Consequently, connected miscellaneous petition is closed.

                                                                                  18.10.2024
                     NCC          : Yes / No
                     sji


                     To

                     1.The Inspector of Police,
                       All Women Police Station,
                       Virudhunagar,
                       Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Crl.O.P.(MD)No.15673 of 2023

D.BHARATHA CHAKRAVARTHY, J.

sji

Crl.O.P.(MD)No.15673 of 2023

18.10.2024

https://www.mhc.tn.gov.in/judis