Mukesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.9941 OF 2022

1. Mukesh

2. Jagadeesh

3. Nalini

4. Bobby @ Kotteswari ... Petitioners/Accused 1 to 4 -Vs1. State by, The Inspector of Police P-2 Otteri Police Station Chennai - 600 012.

Crime No.88 of 2011 ... 1st Respondent/Complainant

2. Sumithra ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to quash the proceedings in C.C.No.5 of 2020, which is pending before the Additional Mahila Court, Egmore, Chennai on the ground of compromise.

For Petitioners :

Mr.M.Duraimurugan For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed, to quash the proceedings in C.C.No.5 of 2020, which is pending before the Additional Mahila Court, Egmore, Chennai on the ground of compromise.

2. The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. 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 counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by the respondent Police and by the learned counsel for the petitioners. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The relevant portion of the Joint Memo of Compromise dated 21.04.2022 is extracted hereunder: "1. The petitioners and the defacto complainant respectfully submits that they are relatives and due to some difference of opinion the defacto complainant lodged a complaint against the petitioners on 20.01.2011.

Based on the complaint given by the defacto complainant, an FIR came to be registered by the 1st respondent Police for the offence under Sections 341, 323, 324, 506(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 1998. The respondent Police investigated the case and final report came to be filed before the Additional Mahila court, Egmore, Chennai and the case has been taken on file and numbered as C.C.No.5 of 2020.

2.The petitioners and the defacto complainant submits that in the meanwhile on the intervention of the elders, the dispute between petitioners and the 2nd respondent is settled and compromised, since they are relatives and are living in harmony peacefully in their area and they have no grudge against each other. Further, they have undertaken not to indulge in any litigation against each other and to withdraw the criminal case which is pending. The 2nd respondent does not intend to proceed with her complaint or any criminal case against the petitioner. The 2nd respondent have no objection to the quashing of the proceedings in C.C.No.5 of 2020 which is pending before the Additional Mahila Court, Egmore, Chennai."

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme

Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceedings in C.C.No.5 of 2020.

5. Accordingly, this Criminal Original Petition is allowed and as a sequel, the proceedings in C.C.No.5 of 2020 on the file of the Additional Mahila Court, Egmore, Chennai, is quashed and the terms of joint compromise memo dated 21.04.2022 shall form part and parcel of this order.

* Herein Enclosed the Xerox Copy of the Joint Memo of Compromise. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gsk To

1. The Additional Mahila Court, Egmore, Chennai.

2. The Inspector of Police, P-2 Otteri Police Station, Chennai - 600 012.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.M.Duraimurugan, Advocate, S.R.No.29855 Crl.O.P.No.9941 of 2022 AK-II(CO) RLP(19/05/2022)