Raja Shankar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.Raja Shankar 2.Selvarajah 3.Packiyalakshmi @ Bagyalakshmi 4.Priyadarshini ... Petitioners Vs.

1.State of Tamil Nadu rep., by the Inspector of Police, AWPS-Thallakulam Police Station, Madurai City.

Crime No.42 of 2022 2.S.Pathrakali ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records in C.C.No.260 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and quash the same against the petitioners.

For Petitioners : Mr.R.Ponkarthikeyan For R1 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) 1/6

For R2 : Mr.A.K.Amarvel Pandian

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to call for the records in C.C.No.260 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and quash the same as illegal, improper and abuse of process of law.

2. The case of the prosecution is that the first accused is the husband of the defacto complainant, second to fourth accused are in-law of the defacto complainant. After the marriage of first accused and the defacto complainant, the accused persons/petitioners demanded more dowry and also caused theat. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the second respondent lodged a complaint before the first respondent and F.I.R. registered in Crime No.42 of 2022, after investigation, final report filed, the same taken cognizance in C.C.No.260 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, for 2/6

the offences under Sections 498(A), 406 and 294(b) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, against the petitioners.

4. The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. Now, the second respondent is agreeing to withdraw the complaint, not willing to pursue the case.

5. A Joint Memo of Compromise filed before this Court signed by the petitioners and the second respondent and their respective counsels. The petitioners 1 to 3 and the second respondent present before this Court and the fourth petitioner through online, since she is in Asam, identified by Ms.Kalyani, SSI of Police, All Women Police Station, Thallakulam, as well as by the learned counsels appearing for the parties. This Court enquired both the parties, satisfied that the parties have come to an amicable settlement between themselves on their own voluntarily without any compulsion.

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6. In the instant case, where the parties have compromised the matter, the High Court has to power to quash the complaint for the offence under Sections 498(A), 406 and 294(b) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002.

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 C.C.No.260 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, even though, the offences involved are not compoundable in nature.

9. Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C.No.260 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, is quashed as against the 4/6

petitioners and the joint compromise memo shall form part and parcel of this order.

NCC : Yes / No 06.01.2025 Index : Yes / No Rmk To 1.The Judicial Magistrate, Additional Mahila Court, Madurai. 2.The Inspector of Police, AWPS-Thallakulam Police Station, Madurai City.

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

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M.NIRMAL KUMAR, J.

Rmk Order made in Dated: 06.01.2025 6/6