Crl.O.P.(MD) No.16102 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.16102 of 2022
1. Nattudurai,
2. Naveenkumar,
3. Sivakumar,
4. Dharmaraj,
5. Rasu @ Velusamy,
6. Sakthivel @ Shanmuga Sakthivel
: Petitioners
Vs
1.The State represented by
The Inspector of Police,
Kalliamandiyam Police Station,
Dindigul District
2. Thangavel,
: Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
this Court to call for records in respect of Crime No.918/2020 on the file of
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Crl.O.P.(MD) No.16102 of 2022
the first respondent and quash the same.
For Petitioner : Mr.Lenin Kumar T,
For R1 : Mr.B.Nambi Selvan,
Additional Public Prosecutor
For R2 : Mr.D.Venkatesh
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.918/2020 on the file of the first respondent.
2.The case of the prosecution is that due to civil dispute, the petitioners assaulted the defacto complainant with sickle and iron rod. Hence the complaint.
3.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
4.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.16102 of 2022 present in person before this Court and they were identified 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.
5.In the instant case, the dispute is of civil in nature and the parties had compromised. Where the parties have compromised the matter, the High Court has to power to quash the complaint for the offence under Sections 147, 148, 447, 294(b), 323, 324 and 506(ii) IPC.
6.The legal position expressed by the Hon'ble Apex Court in the 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.
7.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.918/2020 on the file of the first respondent, even though, the offences involved are not compoundable in nature. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.16102 of 2022
8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.918/2020 on the file of the first respondent is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order.
09.09.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order LR/PNM To
1. The Inspector of Police, Kalliamandiyam Police Station, Dindigul District
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.16102 of 2022 G.ILANGOVAN, J.
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