M.Tamilarasan v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P(MD) No.14075 of 2024 M.Tamilarasan ... Petitioner Vs

1. The State of Tamil Nadu, Rep. By, the Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

Crime No.111 of 2024.

2. J.Manivasan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned proceedings in Cr.No.111 of 2024 on the file of the 1st Respondent Police, quash the same and allow this Criminal Original Petition on the file of this Court. For Petitioner : Mr. H.Mahamed Hussain For Respondent : Mr.K.Sanjai Gandhi (R1) Government Advocate (Crl.Side) M/s. P.Praveen Kumar (R2) 1/6

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.111 of 2024 on the file of the first respondent Police.

2. The case of the prosecution is that on 26.05.2024, the second respondent's elder sister got engaged with one Manikandan. On 06.06.2024, the 2nd respondent got information that the petitioner had circulated a photo in a Whatsapp group that the petitioner and the 2nd respondent's elder sister are together in the said photo. Hence, the second respondent's father drank the pesticide and committed suicide. Hence this present case.

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.111 of 2024, for the offences under Section 306 of IPC and Section 67 of IT Act against the petitioner.

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4. 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.

5. A Joint Memo of Compromise, dated 18.12.2024, 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.Kumaresan, SSI of Police, Manamelkudi Police Station, as well as by the learned counsels 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.

6. In the instant case, the parties had compromised their dispute. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Section 306 of IPC and Section 67 of IT Act.

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7. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012)10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.

8. 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.111 of 2024, pending before the first respondent Police, even though, the offence involved is not compoundable in nature.

9. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.111 of 2024, on the file of the first respondent Police, is quashed and the terms of joint compromise memo, shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 20.12.2024 NCC : Yes / No Index : Yes / No PNM 4/6

To 1.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

Crime No.111 of 2024.

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

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M.NIRMAL KUMAR, J.

PNM Order in and Crl.M.P(MD) No.14075 of 2024 20.12.2024 6/6