The Court quashed the FIR in Crime No.60 of 2020 under Section 482 Cr.P.C. as parties had amicably settled the dispute. The court found the suicide was not due to dowry or cruelty and noted the aggrieved party had no interest in prosecution.
The investigation in Crime No.60 of 2020 was quashed. Petitioners were directed to pay Rs.1000/- each as costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.30317 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.30317 of 2022
and
Crl.M.P.No.18589 of 2022
... Petitioners
Vs.
... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the First Information Report registered in Crime No.60 of 2020 on the file of the Inspector of Police, Perundurai Police Station, Erode the first respondent herein and quash the same.
For Petitioners : Mr.C.Munusamy
For Respondent No.1 : Mr. A.Gopinath
Government Advocate (Crl.Side) For Respondent No.2 : Mr.M.Navaneethakrishnan
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O R D E R
The Criminal Original Petition has been filed to quash the FIR in
Crime No.60 of 2020, pending on the file of the 1st respondent.
decided to bury their hatchet and compromise the dispute amicably among themselves.
which have been signed by the petitioners and the defacto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.S.Ramalingam, Special Sub Inspector of Police, Erode North Police Station, Erode District. In the joint compromise memo, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.60 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between
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Crl.O.P.No.30317 of 2022
themselves.
circumstances surrounding the suicide committed by the deceased Guna Sundari. For that purpose, this Court went through the report of the Executive Magistrate cum RDO, Erode dated 18.03.2020. The said authority on recording the statements of the Panchayatars has come to a conclusion that the suicide was not as a result of any cruelty or demand for dowry.
that her daughter had committed suicide since she suffered from severe abdomen pain on regular basis. She further stated that the suicide was
not committed due to demand for dowry or because of any cruelty meted against her daughter. She further stated that her grand daughter Krithika
is now being taken care by her. She was not interested in prosecuting this case any further.
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in keeping the First Information Report pending, even though, the offences involved are 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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10 , this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.60 of 2020, on the file of the 1st respondent Police.
the investigation in Crime No.60 of 2020, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1000/- (Rupees One thousand only) each as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157) , within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt
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along with a memo reporting compliance in the Registry. Consequently,
the connected miscellaneous petition is closed.
01.08.2023
Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rka
To
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Crl.O.P.No.30317 of 2022
N.ANAND VENKATESH, J
rka
Crl.O.P.No.30317 of 2022 and Crl.M.P.No.18559 of 2022
01.08.2023
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2 issues framed by the court
Whether the First Information Report in Crime No.60 of 2020 should be quashed under Section 482 Cr.P.C. given an amicable settlement and non-prosecution interest despite non-compoundable nature of the
Whether the suicide of Guna Sundari was due to cruelty or dowry demand given the investigation findings.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathRelied on¶44
2017 9 SCC 641 (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
The State of Madhya Pradesh v. Dhruv Gurjar and AnotherRelied on¶44
(2019) 2 MLJ Crl 10 (The State of Madhya Pradesh v. Dhruv Gurjar and Another)
1 provisions across 1 enactments
Rajammal
Arul Prakash
State by Inspector of Police, Perundurai Police Station
G.Selvi
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
