Madras High Court
S.Bose vs The State Represented By on 3 August, 2022
Crl.O.P.(MD) No.13627 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.08.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.13627 of 2022
and
Crl.M.P(MD) No. 8713 of 2022
S.Bose ... Petitioner/Accused No.1
Vs
1. The State Represented by
The Inspector of Police,
Muthukulathur Police Station,
Ramanathapuram District.
(in Crime No.154 of 2022) ... 1st Respondent/ Complainant
2. R.Prakasam ... 2nd Respondent/ defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records and to quash the proceeding of the FIR in
Crime No.154 of 2022, dated 05.07.2022 for the offences under Sections
341, 147, 148, 294(b), 323 and 506(ii) I.P.C., as far as the petitioner is
concerned.
For Petitioner : Mr.P.Vetrivel
For R1 : Mr.A.Albert James
Government Advocate (Crl.side)
For R2 : Mr.T.Thirumurugan
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13627 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.154 of 2022, on the file of the first respondent.
2. The contention of the petitioner is that based on the complaint
lodged by the second respondent, the first respondent registered First
Information Report in Crime No.154 of 2022 for the offences punishable
under Sections 341, 147, 148, 294(b), 323 and 506(ii) I.P.C., against the
petitioner.
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. The learned counsel for the petitioner submitted that it is a case and
case in counter. The defacto complainant and the accused person are belong
to the same villages. They settled the matter out of the Court and they have
been filed a Joint Memo of Compromise before this Court which have been
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Crl.O.P.(MD) No.13627 of 2022
signed by the petitioner and the second respondent and also by their
respective counsel. The petitioner and the second respondent were also
present in person before this Court and they were identified by the learned
Government Advocate and Mr.K.Selvam, Sub-Inspector of Police,
Muthukulathur Police Station, Ramanathapuram District. 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 F.I.R in Crime No.154 of 2022 for
the offence under Sections 341, 147, 148, 294(b), 323 and 506(ii) I.P.C.
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.
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Crl.O.P.(MD) No.13627 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.154 of 2022 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.154 of 2022 on the file of the first
respondent police, is quashed insofar as the petitioner alone and the terms of
joint compromise memo shall form part and parcel of this order.
Consequently, the connected Miscellaneous Petition is closed.
03.08.2022
Internet:Yes./No 2/4
Index:Yes/no
ebsi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13627 of 2022
To
1. The Inspector of Police,
Muthukulathur Police Station,
Ramanathapuram 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.13627 of 2022
V.SIVAGNANAM, J.
ebsi
ORDER IN
CRL.O.P (MD) No.13627 of 2022
03.08.2022
(2/4)
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