Sermadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Sermadurai ... Petitioner Vs.

1.The Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.299 of 2021) 2.Selvamary ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in C.C.No.412 of 2022 on the file of the learned Judicial Magistrate, Alangulam, Tenkasi District.

For Petitioner : Mr.A.Raja For R1 : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) For R2 : Mr.B.Deepak 1/6

ORDER

The petitioner is an accused in C.C.No.412 of 2022 on the file of the learned Judicial Magistrate, Alangulam, Tenkasi District, which was registered for the offence under Sections 294(b), 352 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. They have filed this petition to quash the proceedings pending as against them. 2.The petitioners / accused and the defacto complainant are residing in the same village. The case of the prosecution is that there was a dispute between the parties with regard to the payment of home loan. Due to which, the petitioner abused the defacto complainant in filthy language. Hence, the case.

3.The defacto complainant and the petitioner are present before this Court and they submitted that on the intervention of the elders, they have amicably resolved their issue. A compromise memo, dated 04.06.2024 signed by the parties, is also filed before this Court. 4.Before entertaining this application on the ground of compromise, this Court has directed the investigation officer in Crime No.299 of 2021 to 2/6

personally verify with the defacto complainant and to ascertain whether the compromise is a voluntary one, without any threat or coercion. The investigating officer, after due verification, has filed a report as under: This is to certify that, as directed by this Court in Crl.O.P.(MD)No.6435 of 2024, I personally verified the defacto complainant in Cr.No.299 of 2021/C.C.No.412 of 2022, JM, Alangulam, Tenkasi District and ascertained that the compromise arrived between the accused and the defacto complainant/victims in the above case is voluntary, without any threat or coercion.

I further clarify that there are no other victims in this case, except the victims appeared before this Hon'ble Court today.

5.The Hon'ble Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, reported in 2017 9 SCC 641 and in case of The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, has given sufficient guidelines that must be taken into consideration by this Court while exercising its jurisdiction under Section 482 of Cr.P.C, to quash non-compoundable offences. One very important test that has been laid down is that the Court must necessarily examine if the crime in question is purely individual in nature or a crime against the society with overriding public interest. It has been repeatedly cautioned that offences 3/6

against the society with overriding public interest even if it gets settled between the parties, cannot be quashed by this Court. 6.The parties are present. This Court has verified the parties with their Aadhaar cards and also verified the present status. The defacto complainant has expressed her willingness to solve the issue and she also stated that now they are living together peacefully.

7.In the present case, the offences in question are purely individual/personal in nature and the conflict is between the private individuals and it is not affecting the society at large. It involves the petitioner and the second respondent. The defacto complainant herself has submitted that she does not want to prosecute the case any further. Moreover, both of them are now living together. Even otherwise, quashing this case, will not affect any overriding public interest in this case. Under such circumstances, no useful purpose will be served in keeping the case in C.C.No.412 of 2022 pending, even though, the offences involved are not compoundable in nature. On the other hand, keeping the proceedings pending will only swell the mental agony of the parties.

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8.In view of the above development and following the guidelines issued by the Hon'ble Supreme Court in the cases referred supra, this Court is inclined to quash the proceedings though certain offences are noncompoundable, in order to avoid further conflict between the parties. 9.Accordingly, by recording the compromise memo 04.06.2024 this criminal original petition is allowed and the case in C.C.No.412 of 2022 pending on the file of the learned Judicial Magistrate, Alangulam, Tenkasi District is hereby quashed. The joint compromise memo dated 04.06.2024 shall form part and parcel of this order.

18.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns 5/6

B.PUGALENDHI,J gns To 1.The Judicial Magistrate, Alangulam, Tenkasi District.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

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