The High Court of Madras, in an exercise of jurisdiction under Section 482 CrPC, quashed the criminal proceedings in Crime No.149 of 2020 based on an amicable settlement deleting compromising photos and resolving the dispute between the parties.
Proceedings in Crime No.149 of 2020 were quashed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.NO.17576 OF 2021
AND
CRL.M.P.NO.9653 OF 2021
Mangilal
... Petitioner/Defacto Complainant
Versus
1. State Rep. by The Inspector of Police,
C-2, Elephant Gate Police Station,
Chennai.
... Respondent/Complainant
2. Dinesh Kumar
3. Rajesh Kumar
... Respondents 1 & 2/Accused
PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to accept affidavit and quash
the proceedings in Crime No.149 of 2020 on the file of the
respondent police.
For Petitioner: Mr.S.Sarath Chandran
For Respondents: Mr.A.Damodaran
Additional Public Prosecutor
for R1
O R D E R
The Criminal Original Petition has been filed to accept
affidavit and quash the proceedings in Crime No.149 of 2020 on
the file of the respondent police.
2. The case of the prosecution is that the petitioner's
daughter, namely Pooja and the second respondent herein were in
love with each other and during that time some photos and videos
are taken by them personally. Later, the second respondent with
the help of third respondent attempted to extort money from the
petitioner using those photos. Hence, on the complaint of the
petitioner, FIR came to be registered in Crime No.149 of 2020
against the respondents 2 and 3.
3. The learned counsel for the petitioner submitted that
the problem between the petitioner and the respondents 2 and 3
are now resolved. The personal videos and photos taken by the
second respondent were deleted in the presence of the
petitioner's family. Since continuing the criminal proceedings
will only cause mental agony to the petitioner's family and
future life of his daughter, the petitioner and his daughter
want to withdraw the complaint. Hence, the petitioner has filed
this petition to quash the FIR in Crime No.149 of 2020.
4. The case is still at the stage of investigation. By
passage of time, the parties have decided to compromise the
dispute amicably among themselves.
5. The Affidavits dated 29.10.2021 and 30.10.2021, were
filed by the petitioner and his daughter, respectively before
this Court. The petitioner present through Video conferencing.
In the affidavits, it has been stated that the respondents 2 and
3 had deleted the personal photos and videos of the petitioner's
daughter and he entered into a compromise and amicably settled
the issues in Crime No.149 of 2020. This Court also enquired
the petitioner and satisfied that the petitioner has come to an
amicable settlement with the respondents 2 and 3.
6. Under such circumstances, no useful purpose will be
served in keeping the First Information Report pending. Even
though, the offence involved is not compoundable in nature, in
the light of the guidelines given by the Hon'ble Supreme Court
reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs.
State of Gujrath), this Court in exercise of its jurisdiction
under Section 482 Cr.P.C., inclined to quash the First
Information Report in Crime No.149 of 2020.
7. In the result, this Criminal Original Petition stands
allowed and as a sequel, the proceedings in Crime No.149 of
2020, on the file of the 1st respondent police, is quashed.
Sd/-
Assistant Registrar(CS-V)
// True Copy //
Sub Assistant Registrar
dna
To
1. The Inspector of Police, C-2, Elephant Gate Police Station,
Chennai.
2. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.17576 of 2021
and
CRL.M.P.No.9653 of 2021
MG(CO)
RLP(24/11/2021)
2 issues framed by the court
Whether the quashing of FIR proceedings under Section 482 CrPC is justified in cases involving non-compoundable offences upon amicable settlement.
Whether the deletion of compromising photos and resolution of the dispute warrants quashing the criminal proceedings to avoid mental agony.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathRelied on¶6
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
Mangilal
State Rep. by The Inspector of Police, Elephant Gate Police Station, Chennai
Dinesh Kumar
Rajesh Kumar
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Nirmal Kumar
Parties & counsel