Criminal Original Petition allowed; proceedings quashed on compromise; non-compoundable offences; Section 482 CrPC; Parbathbhai Aahir guidelines.
Proceedings in C.C.No.205 of 2022 quashed; terms of joint compromise memo form part of the order. ¶¶25
The court quashed the proceedings in C.C.No.205 of 2022 exercising jurisdiction under Section 482 CrPC based on the joint compromise memo and the Supreme Court guidelines in Parbathbhai Aahir case, even though the offences are non-compoundable. ¶¶23-¶25
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P(MD)No.4337 of 2023
Vs
PRAYER: Criminal Original petitions have been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, call for the records in C.C.No. 205 of 2022 on the fie of the Judicial Magistrate Court, Sathankulam and quash the same against the petitioners.
For Petitioners : Mr.Pon Karthikeyan R, For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For R3 : Mr.P.Suresh
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.205 of 2022, on the file of the learned Judicial Magistrate, Sathankulam.
parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.The victim girl was present before this Court along with the petitioners (A1 to A3). She stated that her date of birth is 14.03.2003 and that she has married the first petitioner and through the wedlock, there is a child aged about three years and another infant aged about 3 months. The
children were also brought at the time of hearing.
5.Under such circumstances, no useful purpose will be served in keeping the case 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., to quash the proceedings in C.C.No.205 of 2022, on the file of the learned Judicial Magistrate, Sathankulam.
5 . This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.205 of 2022, on the file of the learned Judicial Magistrate, Sathankulam, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.
20.01.2025
Internet :Yes Index :Yes/No NCC :Yes/No LR To 1. The Judicial Magistrate Court, Sathankulam 2.The Inspector of Police, AWPS,Thiruchendur Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
N.ANAND VENKATESH, J.
LR
Crl.O.P(MD)No.4337 of 2023
20.01.2025
1 issue framed by the court
Whether the criminal proceedings in C.C.No.205 of 2022 can be quashed on the basis of a compromise between the parties despite the offences being non-compoundable.¶¶23
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujaratRelied on¶¶23
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
2 provisions across 1 enactments
How this case reached the court
Proceedings in C.C.No.205 of 2022 on the file of the Judicial Magistrate, Sathankulam¶¶16
Judicial Magistrate Court, Sathankulam
Case at trial stage; parties decided to compromise amicably¶¶17-¶18
Joint compromise memo dated 01.01.2025 filed; victim married to first petitioner with two children¶¶22
N. Anand Venkateshauthor¶¶4
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
