Madras High Court
Thiyagarajan @ Malaiyandi vs State Through on 2 August, 2022
CRL.O.P(MD) No.13416 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.13416 of 2022
1.Thiyagarajan @ Malaiyandi
2.Senthil @ Senthilkumar ... Petitioners/Accused Nos.1 & 2
Vs
1.State through
The Inspector of Police,
Ponnamaravathi Police Station,
Pudukkottai District.
(In Crime No.269 of 2021) ... 1st Respondent/Complainant
2.Sakthivel ...2nd Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records pertaining to the impugned F.I.R. in Crime
No.269 of 2021, dated 14.08.2021 on the file of the first respondent police
and to quash the same as illegal.
For Petitioners :Mr.K.Sivabalan
For R1 : Mr.A.Albert James
Government Advocate (Crl.side)
For R2 : Mr.E.Balasubramanian
1/5
https://www.mhc.tn.gov.in/judis
CRL.O.P(MD) No.13416 of 2022
ORDER
This Criminal Original Petition has been filed to quash the F.I.R in
Crime No.269 of 2021, dated 14.08.2021 on the file of the first respondent
police.
2.The case of the prosecution is that the de facto complainant's wife is
the President of Alavayal Panchayat. One Palanivelu died by affecting
Corona virus. Hence, on 14.08.2021, the de facto complainant and his wife
made a campaign in the Alavayal Panchayat Marriage Hall with nurses for
putting vaccination for the Corono virus. At that time, at about 12.30 p.m.
the petitioners came there and scolded the de facto complainant by using
filthy languages for the reason that the wife of the de facto complainant has
stated that his father died due to corona virus. Both the petitioners attacked
the de facto complainant and caused injuries. Hence, the de facto
complainant gave a complaint and the case has been registered.
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.
https://www.mhc.tn.gov.in/judis
CRL.O.P(MD) No.13416 of 2022
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.J.Sridharan, SSI of Police, Ponnamaravathi Police Station 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 under
Sections 294(b), 323 and 506(i) of 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.
https://www.mhc.tn.gov.in/judis
CRL.O.P(MD) No.13416 of 2022
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.269 of 2021 pending before the first respondent
police, 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 Crime No.269 of 2021 on the file of the first
respondent police, is quashed insofar as the petitioners alone and the terms
of joint compromise memo shall form part and parcel of this order.
02.08.2022
Internet:Yes/No
Index:Yes/no
vsd
To
1.The Inspector of Police,
Ponnamaravathi Police Station,
Pudukkottai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CRL.O.P(MD) No.13416 of 2022
V.SIVAGNANAM, J.
vsd
ORDER IN
CRL.O.P(MD) No.13416 of 2022
02.08.2022
https://www.mhc.tn.gov.in/judis
