(Prayer: Criminal Revision Petition is filed under Sections 397 r/w. 401 of Cr.P.C., against the order passed by the learned I Additional District and Sessions Judge, Madurai in Cr.M.P.No.222 of 2016 in C.A.No.6 of 2016 vide his order dated 30.03.2016 by which is so far as it relates to granting permission to the respondent to occupy the petitioner's house property situated at No.5/97 E, Ulaganeri, Narasingam Village, Y.Othakadai, Madurai (Residential Order) in terms of Section 16 r/w. 23(1) of the Protection Women Act, 2005.)
Common Order:
1. Since these Crl.R.C. and Crl.O.Ps. are connected on factual matrix and legal issues, they are tagged together, heard together and being disposed of this common order.
2. Thenmozhi is the daughter of Veerapathiran. Karthick, who is the son of Rajendran and Vairam. On 22.01.2015, the marriage between the said Karthick and Thenmozhi took place. Unfortunately, the couples were not blessed with any children. However, they were afflicted with matrimonial discordance/disease. Thus, they have no issues but have issues.
3. On the complaint of Thenmozhi, the All Women Police Station, Manamadurai, Sivagangai District registered a case in Crime No.24 of 2015 for offence under Section 498(A) I.P.C. and Section 4 of TNPHW Act. The final report filed, taken cognizance in C.C.No.195 of 2015. It is pending before the said Magistrate Court. So far no trial has been started.
4. Equally, Karthick also filed a criminal case as against his brother-in-law/Venkateshan and father-in-law/ Veerapathiran. Melur Police registered a case in Crime No.748 of 2015 for offence under Sections 341, 294(b), 323 and 506(i) I.P.C. The final report filed. Now, it is pending in C.C.No.1 of 2016 before the learned Judicial Magistrate, Melur. In this case also trial has not started.
5. In the mean while, Thenmozhi filed a petition under Domestic Violence Act as against her husband and in-laws before the learned Judicial Magistrate, Melur. The learned Magistrate take it on file in D.V.O.P.No.19 of 2015. In this, Thenmozhi succeeded. In the circumstances, Karthick and his parents filed C.A.No.6 of 2016 before the First Additional Sessions Judge, Madurai. In the said C.A., in Cr.M.P.No.222 of 2016 Karthick and his parents have sought for stay of the order passed in D.V.O.P.No.19 of 2015. Since Karthick and his parents have got partial relief, they have filed Crl.R.C.(MD).No.278 of 2016. By this way, this couple started troubling this Court. That is how, this Court is came into the picture.
6. The follow out of the orders passed by the learned Judicial Magistrate, Melur in D.V.O.P.No.19 of 2015 is the multiplication of further proceedings. As equal to this matrimonial dispute, there were alleged disturbance of peace near the house of Viram. The Inspector of Police, Othakadai Police Station registered an F.I.R. in Crime No.99 of 2016 under Section 107 Cr.P.C. It is pending as it is. Because, there would be no investigation, no filing of final report and no Calender Case. Now, based on the complaint of Thenmozhi's father Veeapathiran, the very same police registered a case in Crime No.154 of 2015 under Section 188 Cr.P.C. There is one more case that is based on the complaint of Thenmozhi. The very same Othakadai Police registered a case in Crime No.346 of 2016 for offence under Sections 294(b), 323, 342 and 506(ii) I.P.C. Thus, we have seen the statistical particulars of the criminal case in which both the families are involves.
7. Now, instead of waiting for the solution from the Court, they themselves find out some solution. They thought that even before the Court could deliver order, they have decided to put an end to this nagging family problem. They have entered into some compromise, with reference to which, all the parties/persons we have mentioned here before were also present before the Court accompanied by their respective respective counsels. They have entered into a joint compromise. The gist of the same is that both sides have agreed to withdraw the criminal cases filed as against each on condition of Thenmozhi having to be paid Rs.10 lakhs, who has also agreed to withdraw the proceedings pending before the learned I Additional Sessions Judge which arose out of the DV Act case and the said Thenmozhi today present had stated that today her husband side has paid Rs.8 lakhs cash. The balance is to be paid in two instalments at two stages. These two aspects also has been stated in their joint compromise memo.
8. Now, according to the learned counsel for the Karthick and his parents, now everything is over, except Court orders. Actually, parties want to buy peace and each have decided to pursue their own way in their life. In such circumstances, it is a fit case that this Court can exercise its inherent jurisdiction under Section 482 Cr.P.C., to put an end to this on going litigation in the interest of justice. He would also add that registering an F.I.R. under Section 107 Cr.P.C., is not contemplated under law. Further, he would also submit that registration of a case under Section 188 Cr.P.C., based on the complaint of a private party viz., Veerapathiran is not in accordance with law in view of the bar contained under Section 195 Cr.P.C.. Further, he would add that the very essence required for an offence under Section 188 Cr.P.C., is promulgation of an order by a public servant. Judges pronounced orders. Further, by way of compromise, Thenmozhi has agreed to withdraw all the proceedings initiated under the Domestic Violence Act.
9. Now, by the extensive argument of the learned counsel for the Karthick and others, the work of the learned counsel appearing for Thenmozhi has been lessen except to node as to the said submission of the learned counsel for the petitioner. However, on his part, he will also pray in tune with the legal submission of the learned counsel for the petitioner with reference to Section 107 and 188 Cr.P.C.
10. The learned Government Advocate (Crl.side) would submit that now the prosecution is deprived of their cases. They have lost their opportunity to show meddle in prosecuting the case. But they are not to stand in the way of Court passing appropriate orders to restore peace in this family toned between peace and strife. With reference to registration of a case under Section 188 Cr.P.C., the learned Government Advocate (Crl.side) also would submit that there is an order passed by a public servant viz., Judicial Magistrate, Melur under the D.V. Act. That has given an opportunity for the Othakadai Police Station to put their hand on Section 188 I.P.C.
11. I have anxiously considered the rival submissions of both sides and the learned Government Advocate (Crl. side) and I have recorded the willingness of the parties viz., Thenmozhi, her father Veerapathiran, her husband Karthick and his parents viz., Rajendran and Vairam and also Thenmozhi's brother Venkatesan, mother Papathi to compromise the matter.
12. It is seen that the central focus for all these matters are the matrimonial discordance between Thenmozhi and her husband Karthick. Actually, they are root cause for all these cases. They were the source for this litigation. Now, they want to bid good bye to each other. There are several decisions. In such circumstances, the Court should not stand in the way. More particularly, when it is a matrimonial matter. In this connection, we may got three Judge Bench decision of the Honourable Supreme Court (Gian Singh vs. State of Punjab and another) (2012) 10 SCC 303. In the circumstances, this is the stand in this case. Without putting an end to this litigation, if they were asked to continue the fight, they will fight. But it will result in waste of public time. It will be a futile exercise. Almost causing headache to everybody and ultimately, public time and public cause is wasted. Thus, higher Courts quash the proceedings, in the interest of justice. In the facts and circumstances, such a course can be adopted in this case.
13. Now, we will turn to F.I.R registered in Crime No.99 of 2016. This F.I.R. has been registered under Section 107 Cr.P.C. by the Othakadai Police. It is also intermixed with the family dispute which is going to be over in a peaceful manner. That apart, registration of an F.I.R. under Section 107 Cr.P.C., is not contemplated. As rightly submitted by the learned counsel a prosecution for an offence under Section 188 Cr.P.C., can be initiated upon a complaint being lodged by a public servant. Even for the prosecution, under Section 188 Cr.P.C., an order should have been promulgated by a public servant. Judges pronounce orders. They are not promulgating orders. The word promulgation available under Section 188 Cr.P.C., is with reference to promulgating the orders by the police and revenue authorities. In such circumstances, when especially there is a bar under Section 195 (i) Cr.P.C., Registering of an F.I.R. for an offence under Section 188 Cr.P.C., based on the complaint of a private person viz., Veerapathiran is not in accordance with law. Therefore, the F.I.R. in Crime No.99 of 2016 and 154 of 2016 must also go.
14. In winding up our discretion, we pass the following orders:
(i) Crl.O.P.(MD).Nos.15184, 14258, 15020, 14267 and 14827 of 2016 are allowed.
(ii) The entire criminal proceedings in C.C.No.190 of 2015 on the file of the learned Judicial Magistrate, Manamadurai, C.C.No.1 of 2016 on the file of learned Judicial Magistrate, Melur and F.I.R. in Crime Nos.99, 154 and 346 of 2016 on the file of Y.Othakadai Police Station, Madurai are quashed.
(iii) In view of the compromise entered into between the parties, as decided by them, both side parties will appear before the learned I Additional Sessions Judge, Madurai in connection with the C.A.No.6 of 2016 on the file of the learned I Additional Sessions Judge and D.V.O.P.No.19 of 2015 on the file of the learned Judicial Magistrate, Melur and the learned I Additional Sessions Judge will pass appropriate orders thereon in accordance with law.