Rajadurai @ Bose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.22266 of 2015 Rajadurai @ Bose ... Petitioner/Sole Accused -vs1.State represented by Inspector of Police, Thiruvengadam Police Station, Cr.No.254/14.

Tirunelveli District ... Respondent/Complainant 2.Murugeshwari ... Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to admit this quash petition on file to call for the records in S.C.No.41/2015 on the file of the II Additional Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli, and to quash the same. For Petitioner :

Mr.J.Senthilkumar For R1 :

Ms.S.Prabha Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking to quash the proceedings in S.C.No.41 of 2015 pending on the file of II Additional Sessions Judge, (PCR Court), Tirunelveli, pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime 254 of 2014 for the alleged offences under Sections 294(b) and 352 IPC and Section 4 of Women Harassment Act, r/w 3(i)(w)(ii), 3(i)(r)(s) 3(2)(Va) SC/ST Amendment Ordinance Act, 2014, has been registered against the petitioner/accused. After completion of the investigation, the 1st respondent has filed a charge sheet, which was duly taken on file in S.C.No.41 of 2015 by the II Additional Sessions Judge, (PCR Court), Tirunelveli District.

3. When the matter is taken up for hearing, the petitioner/ accused and the second respondent, appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the Government Advocate (Criminal side) through the respondent Police, namely, S.Balu, Special Sub-Inspector of Police, Thiruvengadam Police Station, Tirunelveli District. Learned counsel appearing for the parties also endorsed the identify of their respective parties.

4. The counsel appearing on either side filed a joint memo of compromise, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed for quashing of the above case in S.C.No.41 of

2015, pending on the file of II Additional Sessions Judge, (PCR Court), Tirunelveli.

5. When such a situation arose in similarly placed matters in Crl.O.P.(MD) Nos.406, 530 and 864 of 2016 (Prabu and others vs. State Rep. By The Inspector of Police and others), decided on 28.01.2016 , this Court considered the various decisions rendered by the Hon'ble Supreme Court in this regard in several cases, namely, Gian Singh vs. State of Punjab and another [(2012) 10 SCC 303], B.S.Joshi vs. State of Haryana [(2003) 4 SCC 675], Nikhil Merchant vs. CBI [(2008) 9 SCC 677], Narinder Singh and others vs. State of Punjab and another [(2014) 6 SCC 466] and State of Madhya Pradesh vs. Manish and others [(2015) 8 SCC 307] and observed as under:

"11. If the offences against women and children and the IPC offences falling under the categories, like, murder, attempt to murder, offence against unsound mind, rape, bribe, fabrication of documents, false evidence, robbery, dacoity, abduction, kidnapping, minor girl rape, idol theft, preventing a public servant from discharging of his/her duty, outrage of woman modesty, counterfeiting currency notes or bank notes, etc., are allowed to be compounded, it will surely have serious repercussion on the society, as the above mentioned list is only illustrative and not exhaustive.

Similarly, any compromise between the victim and the offender in relation to the offences clubbed with Special Enactment, like Arms Act, the Prevention of Corruption Act, TNPPDL Act, TNPID Act or the offences committed by Public Servants while working in that capacity, etc., cannot provide for any basis for quashing criminal proceedings involving such offences. As held by the Apex Court, insofar the offences arising out of matrimonial dispute, relating to dowry or the family disputes where the wrong is basically private or personal in nature, are concerned, the possibility of conviction is remote and bleak, in case the parties resolve their entire disputes amicably among themselves.

This Court feels that there cannot be any compromise in respect of the heinous and serious offences of mental depravity and in that case, the Court should be very slow in accepting the compromise. If the compromise is entertained mechanically by the Court, the accused will have the upper hand. The jurisdiction of this Court may not be allowed to be exploited by the accused, who can well afford to wait for a logical conclusion. The antecedents of the accused have also to be taken into consideration before accepting the memo of compromise and the accused, by means of compromise, cannot try to escape from the clutches of law.

6. Taking note of the judgments referred to supra, considering the nature of allegations and in view of joint memo of compromise, this Court is of the opinion that no useful purpose would be served in keeping the matters pending. Therefore, the entire proceedings in SC.No.41 of 2015 pending on the file of the II Additional Sessions Judge, (PCR Court), Tirunelveli in respect of the sole accused are hereby quashed.

Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo shall form part of this order. Sd/ Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To:

1. The II Additional Sessions Judge, (PCR Court), Tirunelveli.

2. The Inspector of Police, Thiruvengadam Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2cc to M/S.J.Senthilkumar, Advocate in SR.No.14642 Crl.O.P.(MD)No.22266 of 2015 15.03.2016 jikr PA/GSV-PM/AR I/21.03.2016/2P/6C Encl: Copy of Joint compromise memo