Rajammal v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.18589 of 2022

1. Rajammal

2. Arul Prakash ... Petitioners Vs.

1. State by Inspector of Police, Perundurai Police Station Erode District.

Crime No.60 of 2020

2. G.Selvi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the First Information Report registered in Crime No.60 of 2020 on the file of the Inspector of Police, Perundurai Police Station, Erode the first respondent herein and quash the same.

For Petitioners : Mr.C.Munusamy For Respondent No.1 : Mr.A.Gopinath Government Advocate (Crl.Side) For Respondent No.2 : Mr.M.Navaneethakrishnan 1/6

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.60 of 2020, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the defacto complainant 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 Mr.S.Ramalingam, Special Sub Inspector of Police, Erode North Police Station, Erode District. In the joint compromise memo, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.60 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between 2/6

themselves.

4. This Court wanted to satisfy itself with regard to the circumstances surrounding the suicide committed by the deceased Guna Sundari. For that purpose, this Court went through the report of the Executive Magistrate cum RDO, Erode dated 18.03.2020. The said authority on recording the statements of the Panchayatars has come to a conclusion that the suicide was not as a result of any cruelty or demand for dowry.

5.

The 2nd respondent, who was present before the Court stated that her daughter had committed suicide since she suffered from severe abdomen pain on regular basis. She further stated that the suicide was not committed due to demand for dowry or because of any cruelty meted against her daughter. She further stated that her grand daughter Krithika is now being taken care by her. She was not interested in prosecuting this case any further.

7.

Under such circumstances, no useful purpose will be served 3/6

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.60 of 2020, on the file of the 1st respondent Police.

7. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.60 of 2020, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1000/- (Rupees One thousand only) each as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt 4/6

along with a memo reporting compliance in the Registry. Consequently, the connected miscellaneous petition is closed. 01.08.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Inspector of Police, Perundurai Police Station Erode District.

2. The Public Prosecutor Madras High Court, Madras.

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N.ANAND VENKATESH, J rka and Crl.M.P.No.18559 of 2022 01.08.2023 6/6