M. Siva v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.18504 OF 2021 AND CRL.M.P.NO.10153 OF 2021 1.M.Siva 2.Baby 3.Revathy ... Petitioners/ Accused 1 to 3
Versus
1. State rep. by, The Inspector of Police, All Women Police Station, Udumalpet, Tiruppur District.
(Cr.No.12 of 2021).
... 1st Respondent/ Complainant
2. D.Sudhamani ... Respondent/ Defacto Complainant PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings against the petitioners/accused A1 to A3 in Crime No.12 of 2021 dated 03.09.2021 pending on the file of 1st respondent Police.
For Petitioners:
Mr.C.S.Saravanan For R1 :
Mr.A.Damodaran, Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.12 of 2021, dated 03.09.2021 on the file of the 1st respondent Police.
2.The case of the prosecution is that the 1st petitioner is alleged to have promised to marry the 2nd respondent, who is
already married and applied for divorce from her estranged husband. Thereafter, the 2nd and 3rd petitioners refused for the marriage of the 1st petitioner with the 2nd respondent. When the 2nd respondent went to the petitioners' home asking to arrange the marriage, the 2nd petitioner advised her to go back to her native and subsequently, the petitioners went to the 2nd respondent's house, abused and threatened her with dire consequences. Hence, the 2nd respondent lodged a complaint before the 1st respondent Police and the same was registered in Crime No.12 of 2021, for offence under Sections 417 and 506(ii) IPC.
3.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 4.Today, the petitioners and the 2nd respondent are present before this Court. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
5.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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in Crime No.12 of 2021, on the file of the 1st respondent Police.
6.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.12 of 2021, on the file of the 1st respondent police, is quashed against the petitioners. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vv2
To
1. The Inspector of Police, All Women Police Station, Udumalpet, Tiruppur District.
2. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.18504 of 2021 RSI(CO) PM/08/12/2021