Petitioners sought quashing of criminal proceedings under Section 482 Cr.P.C. after demonstrating a settled dispute via video conference. The Court allowed the revision, quashed the case and trial judgment, and acquitted petitioners.
Criminal case and attached proceedings set aside; petitioners acquitted of all charges.
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.
Criminal Revision Case No.2067 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Criminal Revision Case No.2067 of 2023
Vs.
... Respondents
Criminal Revision Case filed u/s.397 r/w 401 of the Code of Criminal
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Criminal Revision Case No.2067 of 2023
Procedure praying to call for the records and set aside the order dated 12.06.2023 made in C.M.P.No.1086 of 2023 in Crl.A.No.86 of 2018 on the file of I Additional District and Sessions Court, Coimbatore.
For Petitioner : Mr.R.Prabakar For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1]
O R D E R
This revision has been filed challenging the order passed by I Additional District and Sessions Court, Coimbatore, in C.M.P.No.1086 of 2023 in Crl.A.No.86 of 2018, dated 12.06.2023.
Crl.M.P.No.18614 of 2023 in Crl.R.C.Sr.No.51554 of 2023:
"This petition is filed to condone the delay of 20 days in filing the above revision.
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Criminal Revision Case No.2067 of 2023
in C.A.No.86 of 2018. During the pendency of the appeal, the petitioners and the second respondent arrived at a compromise. Hence, they filed a petition under Section 320 Cr.P.C. in C.M.P.No.1086 of 2023 before the learned I Additional District and Sessions Judge with compromise memo. The learned Sessions Judge, by an order dated 12.06.2023 dismissed the petition filed by the petitioners and second respondent to compound the offence of section 498-A IPC. The learned Sessions Judge observed that the issue between the first petitioner and the second respondent/de-facto complainant got resolved and they are living as husband and wife in one roof. Section 498(A) IPC does not find place under Section 320 Cr.P.C. and hence, the petition is not maintainable, though the learned Additional Public Prosecutor has no objection in compounding the offence and dismissed the petition. Against which, the present revision has been filed.
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Criminal Revision Case No.2067 of 2023
submitted that the dispute stands settled between them and they are living as husband and wife for the past 1½ years at 5/2, EB Colony, Vadavalli, Coimbatore - 641 041.
of Police, All Women Police Station, Central Coimbatore, visited the aforesaid residence, made enquiry and found that petitioner and second respondent are living happily as husband and wife.
between the parties, dismissed the petition filed to compound the offence on
the ground that as per Section 320 Cr.P.C., the offence u/s.498-A IPC is not compoundable even with permission of the Court.
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Criminal Revision Case No.2067 of 2023
of Judicial Magistrate/Additional Mahila Court, Coimbatore and the proceedings in C.A.No.86 of 2018 on the file of I Additional District and Sessions Judge, Coimbatore, will be a hurdle for their peaceful life and to lead their life without any worrisome, this Court considers it appropriate to exercise powers u/s.482 Cr.P.C and real justice to the parties can be done only by quashing all further proceedings in the above cases, so that they shall lead a peaceful, harmonious matrimonial life.
Recording the Joint Affidavit/Memorandum of Compromise dated 02.10.2023, this Criminal Revision Case is allowed and the case in Crime No.40 of 2012 on the file of first respondent is quashed, consequently, the judgment in C.C.No.107 of 2013, dated 09.02.2018, on the file of Judicial Magistrate/Additional Mahila Court, Coimbatore and the order in C.M.P.No.1086 of 2023 in Crl.A.No.86 of 2018, dated 12.06.2023, on the
M.NIRMAL KUMAR, J
gm
file of District and Sessions Court, Coimbatore, are hereby set aside. The 5/6
Criminal Revision Case No.2067 of 2023
petitioners are acquitted of all charges.
06.12.2023
Index: yes/no Speaking Order/Non-speaking order Neutral Citation : yes/no gm
Criminal Revision Case No.2067 of 2023
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2 issues framed by the court
Whether the High Court can exercise powers under Section 482 Cr.P.C. to quash criminal proceedings after a compromise between parties in a 498-A case.
Whether the refusal by the trial court to compound a Section 498-A IPC offence barred the compounder from seeking quashing of the case.
3 provisions across 1 enactments
Ganesh Kanna @ Kulanthaiyan
Thiruvambalam
Thamaraiselvi
Velraj
Singaravalli
The State
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
