D.Dinesh vs The Inspector Of Police
2022 Latest Caselaw 13949 Mad

                                                                       Crl.O.P.(MD) No.13671of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED:04.08.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                            Crl.O.P.(MD) No.13671of 2022
                                          and Crl.M.P(MD) No.8734 of 2022
                     1.D.Dinesh
                     2.D.Abinesh
                     3. K.Jagadeesan
                     4. B.Rahul
                     5.R.Dinesh
                     6.K.Vijayaragavan                                          ... Petitioners
                                                            Vs.

                     1. The Inspector of Police
                        Adiramapattinam Police Station
                        Pattukottai Taluk
                        Thanjavur District

                     2.Surya                                             ....Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records pertaining to the FIR in Crime No.131 of
                     2018 on the file of the first respondent and quash the same as illegal.

                                     For Petitioners : Mr.K.Mahendran
                                     For Respondents : Mr.A.Albert James
                                     No.1             Government Advocate(Crl.Side)
                                     No.2            : Mr.K.Prabhu

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.13671of 2022

                                                            ORDER

This Criminal Original Petition has been filed to quash the FIR in

131 of 2018 on the file of the first respondent police

2.The case of the prosecution is that there previous enmity the

petitioners herein used unparliamentary words against the defacto

complainant's uncle son Rajkumar and picked up quarrel. Thereafter

when the same was questioned, the petitioners herein along with other

accused abused him, attacked him deadly weapons and also criminally

intimidated him, hence the case came to be 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.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13671of 2022

respondent were also present in person before this Court and they were

identified by Mrs.A.Kumariselin, WSSI-2189, Adiramapattinam 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

counter case has also been registered and now the parties had

compromised. Where the parties have compromised the matter, the High

Court has power to quash the complaint for the offence under Sections

147,148,294(b),324 and 506(ii) 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.13671of 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. 131 of 2018 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.131 of 2018 on the file of the

first respondent police respondent police, is quashed insofar as the

petitioners alone and the terms of joint compromise memo shall form part

and parcel of this order. Consequently connected miscellaneous petition

is closed.

04.08.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order aav

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13671of 2022

To

1. The Inspector of Police Adiramapattinam Police Station Pattukottai Taluk Thanjavur District

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13671of 2022

V.SIVAGNANAM, J.

aav

Crl.O.P.(MD) No.13671 of 2022

04.08.2022

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