Parthasarathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)No.12453 of 2023 1.Parthasarathi 2.Valarmathi 3.Mahendran ... Petitioners/A1 to A3 vs.

1.State Represented by The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.

... 1st Respondent/Complainant 2.R.Poongodi ... 2nd Respondent/Defacto Complainant Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.04 of 2023 on the file of the Inspector of Police, AWPS-Virudhunagar Police Station, Virudhunagar District in respect of the petitioners herein is concerned. For Petitioners : Mr.R.Thamaraiselvan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 Mr.M.Muthamizharasan for R2 1/4

ORDER

The Criminal Original Petition is filed to quash the FIR in Crime No.04 of 2023 on the file of the Inspector of Police, AWPS-Virudhunagar Police Station, Virudhunagar District in respect of the petitioners are concerned.

2.The learned counsel for the petitioners seeks quashment of the case on compromise. A joint compromise memo is also filed. The offence arises out of matrimonial discord and both the husband and wife have decided to mutually separate and part as friends. 3.In view thereof, as per the dictum of the Hon'ble Supreme Court of India in B.S.Joshi and ors., Vs. State of Haryana and anr., reported in (2003) 4 SCC 675 and the subsequent judgments, I am of the view that this is a fit case for quashing the case on compromise. 4.Accordingly, the Criminal Original Petition stands allowed and the FIR in Crime No.04 of 2023 on the file of the Inspector of Police, AWPS-Virudhunagar Police Station, Virudhunagar District, is quashed. 2/4

The memorandum of compromise shall form part of the order. Consequently, connected miscellaneous petition is closed. 18.10.2024 NCC : Yes / No sji To 1.The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.

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

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D.BHARATHA CHAKRAVARTHY, J.

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