Madras High Court
Kumaravel vs State Rep By The Inspector Of Police on 3 September, 2024
Crl.O.P.(MD)No.13150 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.13150 of 2024
1.Kumaravel
2.Nagarajan
3.V.Sethuraman
4.Mahalakshmi : Petitioners/A1 to A4
Vs.
1.State rep by the Inspector of Police,
All Women Police Station,
Vadamadurai, Dindigul District.
Crime No.23 of 2020.
2.Indhumathi : Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to quash the FIR in Crime No.23 of 2023, dated 11.12.2023 pending on
the file of the respondent Police in so far as the petitioners are concerned.
For Petitioners : Mr.S.Sarvagan Prabhu
For R1 : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
For R2 : Mr.E.Jayakumar
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Crl.O.P.(MD)No.13150 of 2024
ORDER
The Criminal Original Petition has been filed, invoking Section 528
B.N.S.S., seeking orders, to quash the FIR in Crime No.23 of 2023, dated
11.12.2023 pending on the file of the respondent Police in so far as the
petitioners are concerned.
2. The case of the prosecution is that due to matrimonial dispute
between the first accused and the de-facto complainant, the first accused
along with the petitioners said to have abused the de-facto complainant in
filthy language and harassed her by demanding additional dowry. Hence,
the complaint.
3. When the matter is taken up for hearing today, 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.23 of 2023 dated 11.12.2023
for the offences under Sections 498(A), 294(b), 323, 109, 506(i) IPC and
Section 4 of Dowry Prohibition Act 1961, against the petitioners.
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Crl.O.P.(MD)No.13150 of 2024
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, dated 06.08.2024 has been filed
before this Court which have been signed by the petitioners and the
second respondent and also by their respective counsel. The petitioners
and the second respondent were also present in person before this Court
and they were identified by Ms.S.Kalaivani, SSI, All Women Police
Station, Vadamadurai, Dindigul 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 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), 323, 109, 506(i) IPC and Section 4 of
Dowry Prohibition Act 1961.
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
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Crl.O.P.(MD)No.13150 of 2024
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.23 of 2023 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.23 of 2023 on the file of the
first respondent police, is quashed in respect of the petitioners and the
terms of joint compromise memo, dated 06.08.2024, shall form part and
parcel of this order. Consequently, connected Miscellaneous Petition is
closed.
03.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
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Crl.O.P.(MD)No.13150 of 2024
To
1.The Inspector of Police,
All Women Police Station,
Vadamadurai, Dindigul District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.13150 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.13150 of 2024
Dated: 03.09.2024
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