Madras High Court
Raja Shankar vs State Of Tamil Nadu on 6 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.22442 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.22442 of 2024
1.Raja Shankar
2.Selvarajah
3.Packiyalakshmi @ Bagyalakshmi
4.Priyadarshini ... Petitioners
Vs.
1.State of Tamil Nadu
rep., by the Inspector of Police,
AWPS-Thallakulam Police Station,
Madurai City.
Crime No.42 of 2022
2.S.Pathrakali ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records in C.C.No.260 of 2024 on the file of the
learned Judicial Magistrate, Additional Mahila Court, Madurai and quash
the same against the petitioners.
For Petitioners : Mr.R.Ponkarthikeyan
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
1/6
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Crl.O.P.(MD)No.22442 of 2024
For R2 : Mr.A.K.Amarvel Pandian
ORDER
This Criminal Original Petition has been filed, invoking Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to call
for the records in C.C.No.260 of 2024 on the file of the learned Judicial
Magistrate, Additional Mahila Court, Madurai and quash the same as
illegal, improper and abuse of process of law.
2. The case of the prosecution is that the first accused is the
husband of the defacto complainant, second to fourth accused are in-law
of the defacto complainant. After the marriage of first accused and the
defacto complainant, the accused persons/petitioners demanded more
dowry and also caused theat. Hence, the complaint.
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.42 of 2022, after investigation, final
report filed, the same taken cognizance in C.C.No.260 of 2024 on the file
of the learned Judicial Magistrate, Additional Mahila Court, Madurai, for
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Crl.O.P.(MD)No.22442 of 2024
the offences under Sections 498(A), 406 and 294(b) of IPC and Section 4
of TN Prohibition of Harassment of Women Act, 2002, against the
petitioners.
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, the second respondent is 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 1 to 3 and the second respondent present before this
Court and the fourth petitioner through online, since she is in Asam,
identified by Ms.Kalyani, SSI of Police, All Women Police Station,
Thallakulam, 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.22442 of 2024
6. In the instant case, 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 294(b) of IPC 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 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 C.C.No.260 of 2024 on the file of the learned Judicial
Magistrate, Additional Mahila Court, Madurai, 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.260 of 2024 on the file of the learned Judicial
Magistrate, Additional Mahila Court, Madurai, is quashed as against the
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Crl.O.P.(MD)No.22442 of 2024
petitioners and the joint compromise memo shall form part and parcel of
this order.
NCC : Yes / No 06.01.2025
Index : Yes / No
Rmk
To
1.The Judicial Magistrate, Additional Mahila Court, Madurai.
2.The Inspector of Police,
AWPS-Thallakulam Police Station,
Madurai City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.22442 of 2024
M.NIRMAL KUMAR, J.
Rmk
Order made in
Crl.O.P.(MD)No.22442 of 2024
Dated: 06.01.2025
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