Nirmal @ Arokianirmal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P(MD)No.14896 of 2024 and Crl.M.P.(MD)No.9351 of 2024 Nirmal @ Arokianirmal ... Petitioner -Vs1.The State of Tamil Nadu, Sate Rep by The Inspector of Police, Thirupparangundram Police Station, Madurai District.

In Crime No.164 of 2022 2.Packiyalakshmi 3.Karthika Deepa ... Respondents Prayer: Criminal Original Petition - filed under Section 528 of Bharatiya Nagarik Shuraksha Sanhita, to call for the records pertaining to the case registered impugned First Information Report in Crime No.164 of 2022 on the file of the first respondent police and quash the same as illegal. For Petitioner : Mr.B.Arun For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.S.Pradeep 1/6

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.164 of 2022 on the file of the first respondent Police.

2. The case of the prosecution is that on 25.04.2022, the second respondent lodged a complaint stating that his daughter is gone missing. Hence, the case in Crime No.164 of 2022 was registered.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the second respondent has lodged a complaint before the first respondent Police and on that basis, F.I.R. came to be registered in Crime No.164 of 2022, dated 29.05.2024 for the offences under Sections 366 (A) of IPC.

4. The petitioner and the third respondent, daughter of the defacto complainant, loved each other. Now they got married and they are now living together. Further, they have also a male child, namely Sabari Girish.

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5. The case is still under the investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

6. A Joint Memo of Compromise, dated 30.09.2024, has been filed before this Court, which has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.J.Kamban, SSI of Police, V1, Thiruparankundarm Police Station, Madurai District as well as by the learned counsel appearing for the parties. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

7. In the instant case, the dispute is of personal in nature and now the parties had compromised. The High Court has power to quash the complaint even if the offences are non compoundable in nature, considering the facts and circumstances of the case.

8. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in 3/6

(2012)10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.

9. In the light of the guidelines issued in the above said Judgments of the Hon'ble Apex Court, no useful purpose will be served in keeping the proceedings in Crime No.164 of 2022, pending before the first respondent Police, even though, the offences involved are not compoundable in nature.

10. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.164 of 2022, on the file of the first respondent Police, is quashed and the terms of joint compromise memo dated 30.09.2024, shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 20.11.2024 Index : Yes/No Internet : Yes/No ta 4/6

To 1.The Sub Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

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M.NIRMAL KUMAR,J.

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