Sathish @ M.Sahaya Sathish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.13597 of 2022 and Crl.M.P.(MD)No.8673 of 2022 1.Sathish @ M.Sahaya Sathish 2.M.Maria Viyagappan @ Mariya Viyakappan ... Petitioners / Accused Nos.1 & 2 Vs.

1.The State Rep. by The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

Crime No.170 of 2021 ...1st Respondent/Complainant 2.Arokkiya Justin Wilson ... 2nd Respondent/Defacto Complainant 3.Monisha ... 3rd Respondent/Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned charge sheet proceedings in C.C.No.73 of 2022 on the file of the learned District Munsif cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District and quash the same as illegal insofar as the petitioner/A1 and A2 are concerned.

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For Petitioners : Mr.R.Shankar Ganesh For R-1 : Mr.S.Manikandan Government Advocate (Crl. side) For R-2 : Ms.S.Beulah Rani O RDER This petition has been filed seeking to quash the proceedings in C.C.No.73 of 2022 on the file of the learned District Munsif cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District.

2.It is seen that the second respondent lodged a complaint against the petitioners before the first respondent police and the same was registered in Crime No.170 of 2021 and after completion of investigation, the first respondent police filed the charge sheet before the learned District Munsif cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District and the same was taken cognizance in C.C.No.73 of 2022 for the alleged offences punishable under Sections 294(b) and 506(1) of IPC and Section 67 of the Information Technology Act, 2000. 3.When the matter was taken up for hearing, a Joint Memo of Compromise has been filed before this Court, which has been duly signed by the petitioners and the respondents 2 and 3 and also by their 2/6

respective counsels. The petitioners and the respondents 2 and 3 were also present in person before this Court and they were identified by Mr.S.Mabvjan (2059), SSI of Police, Mukkudal Police Station. 4.The counsel appearing on either side filed a Joint Memo of Compromise dated 14.03.2024, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the respondents 2 and 3 have agreed to withdraw the above case pending in C.C.No.73 of 2022 before the learned District Munsif cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District. 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.

"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 dated 14.03.

purpose would be served in keeping the matters pending. Therefore, the entire proceedings in C.C.No.73 of 2022, on the file of the learned District Munsif cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District, in respect of the petitioners/accused alone, are hereby quashed.

7.Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 14.03.2024 shall form part of this order. Consequently, connected miscellaneous petition is closed. 14.03.2024 Index : Yes/No Internet : Yes/No Sji To 1.The District Munsif cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District.

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

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

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M.DHANDAPANI. J.

Sji 14.03.2024 6/6