Allowed

Boobalakumaran @ Bala @ Balakumaran v. The Inspector of Police

Madras HC6 Feb 2023CRL OP(MD)/420/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court dismissed a Crl.O.P. filed to quash an FIR regarding dowry demand and mental harassment. The Court allowed the petition, quashing proceedings as the parties, whose marriage was dissolved, had compromised the dispute amicably.

What did the court decide?

Proceedings in Crime No.44 of 2022 are quashed and joint compromise memo terms are attached to the order.

Boobalakumaran @ Bala @ Balakumaran Vs The Inspector of… — Dowry and Cruelty | Madras HC (2023)

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Crl.O.P.(MD)No.420 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.02.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.420 of 2023

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Boobalakumaran @ Bala @ Balakumaran ... Petitioner

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Vs.

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1.State represented by its The Inspector of Police, Veeracholan Police Station, Virudhunagar District. (Crime No.44 of 2022)

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2.Anushya ... Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of FIR in Crime No.44 of 2022 pending on the file of the first respondent and quash the same.

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For Petitioner : Mr.A.Balaji For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R2 : Mr.J.Vivek

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.420 of 2023

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ORDER

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This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the First Information Report in Crime No.44 of 2022 on the file of the first respondent police and quash the same.

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The case of the prosecution is that the marriage between the petitioner and second respondent/defacto complainant was solemnized on 23.06.2021 and that the petitioner demanded additional dowry from the second respondent. Hence, she lodged a complaint.

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When the matter is taken up for hearing today, the learned

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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.44 of 2022 dated 05.07.2022 for the offences under Sections 294(b), 498(A) and 506(1) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 against the petitioner.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.420 of 2023

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The case is still under the investigation. Since the marriage between the petitioner and the second respondent was already dissolved, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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A Joint Memo of Compromise 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.W.Karuppasamy, Special Sub Inspector, Veeracholan 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.

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In the instant case, it is a matrimonial dispute 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), 498(A) and 506(1) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.420 of 2023

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case of

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The legal position expressed by the Hon'ble Apex Court in the

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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.

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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.44 of 2022 pending before the first respondent police, even though, the offences involved are not compoundable in nature.

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