Madras High Court
M.Chakravarty & Sibi Chakravarthy vs State Rep By on 16 October, 2024
Crl.O.P.(MD)No.8793 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.8793 of 2024
M.Chakravarty & Sibi Chakravarthy : Petitioner
Vs.
1.State rep by
The Inspector of Police,
Thiruvidaimardhur Police Station,
Thanjavur District.
Crime No.768 of 2023.
2.N.Gunavathi ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Cr.P.C., to call for the records pertaining to the impugned FIR in Crime
No.768 of 2023, dated 29.11.2023 pending on the file of the first
respondent police and quash the same.
For Petitioner : Mr.D.S.Haroon Rasheed,
for Mr.P.Gokulnaath.
For R1 : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
For R2 : Mr.R.Silambarasan.
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Crl.O.P.(MD)No.8793 of 2024
ORDER
The Criminal Original Petition has been filed, invoking Section 482 of Cr.P.C., seeking orders, to call for the records pertaining to the impugned FIR in Crime No.768 of 2023, dated 29.11.2023 pending on the file of the first respondent police and quash the same.
2. The learned Government Advocate (Criminal Side) appearing for the State would submit that after filing of the present quash petition, the respondent police has filed the final report before the District Munsif cum Judicial Magistrate No.I, Thiruvidaimaruthur and the same was taken on file in P.R.C.No.13 of 2024.
3. The case of the prosecution is that the petitioner has registered his name with false particulars in the Bharat Matrimony and contacted the defacto complainant and convinced her for marriage and based on the said promise, he has cheated gold jewels and money from the defacto complainant and that when the same was questioned by the defacto complainant, the petitioner threatened her with dire consequences. Hence, the complaint.
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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 and on that basis, FIR came to be registered in Crime No.768 of 2023, dated 29.11.2023 for the offences under Sections 294(b), 406, 420, 468, 376, 493 and 506(i) of IPC against the petitioner.
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 10.06.2024 has been filed before this Court which have 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.R.Senthil Kumar, SSI, Thiruvidaimardhur Police Station, Thanjavur District as well as by the learned counsels appearing for the parties. This Court also enquired both 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.8793 of 2024 the parties and was satisfied that the parties have come to an amicable settlement between themselves.
6. In the instant case, the dispute is of personal in nature and now the parties had compromised. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 294(b), 406, 420, 468, 376, 493 and 506(i) of IPC.
7. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Panjab and another reported in (2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) 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.768 of 2023 pending before the first respondent police, even though, the offences involved are not compoundable in nature.
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9. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.768 of 2023 on the file of the first respondent police, is quashed and the terms of joint compromise memo dated 10.06.2024 shall form part and parcel of this order.
16.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The Inspector of Police,
Thiruvidaimardhur Police Station,
Thanjavur District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.8793 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.8793 of 2024
Dated: 16.10.2024
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