P.Renjith vs The State Rep. By
2022 Latest Caselaw 13707 Mad

                                                                          CRL.O.P (MD) No.11144 of 2022


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 02.08.2022

                                                        CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                              CRL.O.P (MD) No.11144 of 2022
                                                          and
                                               Crl.M.P(MD)No.7024 of 2022

                     1.P.Renjith
                     2.R.Samraju @ Raju                     ... Petitioners/Accused Nos.1 & 2

                                                           Vs

                     1.The State Rep. by
                       The Sub Inspector of Police,
                       Kollenkode Police Station,
                       Kanyakumari District.                ... 1st Respondent/Complainant

                     2.Rajesh                               ...2nd Respondent/Defacto Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records pertaining to charge sheet in C.C.No.167 of
                     2020 on the file of the Judicial Magistrate No.II, Kuzhithurai and quash the
                     same as against the accused Nos.1 & 2.


                                    For Petitioners : Mr.N.Kamesh
                                     For R1        : Mr.A.Albert James
                                                     Government Advocate (Crl.side)
                                     For R2        : Mr.P.Pandiyarajan

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                            CRL.O.P (MD) No.11144 of 2022


                                                           ORDER

The Criminal Original Petition has been filed to quash the Charge

Sheet in C.C.No.167 of 2020 pending on the file of the learned Judicial

Magistrate No.II, Kuzhithurai, for the offences punishable under Sections

294(b), 323, 324 and 506(ii) of IPC, in Crime No.10 of 2020.

2.The case of the prosecution is that on 25.12.2019, the first

petitioner stopped the two wheeler bearing Registration No.TN-75-Q-1705

in front of the defacto complainant's welding shop and went to attend the

Christmas prayer nearby Church. After completing the prayer, while the

first petitioner came to take his two-wheeler, one Akiljosh, who is an

employee of the welding shop, scolded the first petitioner by using filthy

language and there was an oral altercation between them. While so, on

11.01.2020, both the petitioners called the said Akiljosh and were

quarrelling with him. At the time, the defacto complainant came there to

solve the issue between the petitioners and Akiljosh. In the meantime, the

petitioners attacked the Akiljosh and the defacto complainant. Hence, the

de facto complainant gave a complaint against the petitioners.

https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.11144 of 2022

3.The case is under trial. 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 present in person before this Court and they were identified by

Mr.K.William, SSI of Police, Kollenkode Police Station, Kanyakumari

District as well as 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 personal 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

punishable under Sections 294(b), 323, 324 and 506(ii) of IPC.

https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.11144 of 2022

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 C.C.No.167 of 2020 pending before the learned Judicial

Magistrate No.II, Kuzhithurai, even though, the offences involved are not

compoundable in nature.

8. Accordingly, this Criminal Original Petition stands allowed and as

a sequel, the proceedings in C.C.No.167 of 2020, on the file of the learned

Judicial Magistrate No.II, Kuzhithurai, is quashed and the terms of joint

compromise memo shall form part and parcel of this order. Consequently

connected miscellaneous petitions is closed.

02.08.2022 Internet:Yes/No Index:Yes/No vsd

https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.11144 of 2022

To

1.The Judicial Magistrate No.II, Kuzhithurai,

2.The Sub Inspector of Police, Kollenkode Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.11144 of 2022

V.SIVAGNANAM, J.

vsd

ORDER IN CRL.O.P (MD) No.11144 of 2022

02.08.2022

https://www.mhc.tn.gov.in/judis