Madras High Court
S.Moorthy vs The State Rep. By on 5 September, 2024
Crl.O.P.(MD)No.13329 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.13329 of 2024
and
Crl.M.P.(MD)No.8256 of 2024
1.S.Moorthy
2.M.Nagarathinam
3.Shiva @ Shiva Balaji
4.M.Deepa ... Petitioners
Vs.
1.The State rep. by
The Inspector of Police,
Batlagundu Police Station,
Dindigul District.
(Crime No.314 of 2024)
2.M.Tamilarasi ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 B.N.S.S.,
to call for the records relating to the impugned order First Information
Report in connection with Crime No.314 of 2024 on the file of the
Inspector of Police, Batlagundu Police Station, Dindigul District and
consequently quash the same on the ground of compromise forthwith.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13329 of 2024
For Petitioners : Mr.K.C.Maniyarasu
For R1 : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
For R2 : Mr.C.Prithiviraj
ORDER
The Criminal Original Petition has been filed, invoking Section
528 B.N.S.S., seeking orders to quash the FIR in Crime No.314 of 2024
dated 11.07.2024 pending on the file of the first respondent.
2. The case of the prosecution is that on 10.07.2024 at about 05.30
p.m., the petitioners had trespassed into the second respondent's house
and assaulted her and her son and abused them in filthy language. Hence,
the second respondent 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
respondent has lodged a complaint before the first respondent and on that
basis, FIR came to be registered in Crime No.314 of 2024 dated
11.07.2024 for the offences under Sections 329(4), 296(b), 115(2),
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13329 of 2024
118(1) and 351(3) BNS, 2023 and Section 4 of TN Prohibition of
Harassment of Women Act, 2002 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 dated 23.07.2024 has been filed
before this Court which have been signed by the petitioners, the second
respondent and the injured person, namely, Somasundaram and also by
their respective counsel. The petitioners, the second respondent and the
injured person were also present in person before this Court and they
were identified by Mr.R.Ravi, Special Sub Inspector, Batlagundu Police
Station, 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
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Crl.O.P.(MD)No.13329 of 2024
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 329(4), 296(b), 115(2), 118(1) and 351(3) BNS, 2023 and
Section 4 of TN Prohibition of Harassment of Women Act, 2002.
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 Crime No.314 of 2024 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.314 of 2024 on the file of the
first respondent police, is quashed and the terms of joint compromise
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Crl.O.P.(MD)No.13329 of 2024
memo dated 23.07.2024 shall form part and parcel of this order.
Consequently, connected Miscellaneous Petition is closed.
05.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Inspector of Police,
Batlagundu Police Station,
Dindigul District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13329 of 2024
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.13329 of 2024
and
Dated: 05.09.2024
https://www.mhc.tn.gov.in/judis
