1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.11958 of 2011 1.C.Joseph Sathyanesan 2.S.Christopher 3.Suganthi 4.Hubert Sathyanesan 5.Mani Swaminathan :Petitioners (Accused 1 to 5) -Vs- 1.The State represented by, The Inspector of Police, Eruvadi Police Station, Tirunelveli District crime No.70 of 2010 2.Daisy :Respondents (Complainant) PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the entire charge sheet in P.R.C.No.35 of 2010 on the file of the Judicial Magistrate, Nanguneri, Tirunelveli District and quash the same. For Petitioner : Mr.R.Anand For Respondent : Mr.A.P.Balasubramani G.A. (Crl. Side) for R1 O R D E R This petition is filed to call for the entire charge sheet in P.R.C.No.35 of 2010 on the file of the Judicial Magistrate, Nanguneri, Tirunelveli District and quash the same. 2.When the matter came up today, petitioners 2 to 5 and the 2nd respondent/defacto complainant are present. The learned counsel appearing for the petitioner would submit that even though, the petitioner has filed the present application to quash the proceedings in P.R.C.No.35 of 2010, during the pendency of the application, the petitioners and the 2nd respondent entered into compromise and they jointly filed a compromise memo, wherein, it has been stated that the 2nd respondent has no objection to quash the proceedings against the petitioners. 3.At this juncture, the learned counsel appearing for the petitioner would rely upon the order of this Court dated 15.02.2011 made in Crl.O.P. (MD) No.4848 of 2010, wherein, this Court in a similar provisions of law, relied on the settled principles of law laid down by the Hon'ble Apex Court and the Larger Bench of Punjab and Haryana High Court, and held that there is no impediment or bar for quashing the proceedings even in respect of a non-compoundable offence. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Here, in this case also, the offence under Sections 498(A), 306 I.P.C and Sections 3, 4, 4(A) of the Dowry Prohibition Act, which are non compoundable offence. Hence, considering the facts and circumstances of the case along with the above said decision and in view of the amicable settlement arrived between the parties and the joint memo filed by them, I am inclined to quash the proceedings against the petitioners. 5.Accordingly, this criminal original petition is allowed and the proceedings in P.R.C.No.35 of 2010 pending on the file of the learned Judicial Magistrate, Nanguneri is hereby quashed against the petitioners. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1 .The Judicial Magistrate, Nanguneri. 2. The Chief Judicial Magistrate, Tirunelveli 3. The Inspector of Police, Eruvadi Police Station, Tirunelveli District. 4.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to M/s.R.Anand, Advocate, SR.No.33066 arul GH : 03.10.2011 : 2p/6c Crl.O.P.(MD).No.11958 of 2011 https://hcservices.ecourts.gov.in/hcservices/