Kannan vs The Inspector Of Police
2022 Latest Caselaw 13952 Mad

                                                                     Crl.O.P.(MD) No.13698 of 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.13698 of 2022

                     Kannan                                                    ... Petitioner

                                                           Vs.

                     1. The Inspector of Police
                        Karaikudi North Police Station
                        Sivagangai District

                     2.Ganesan
                     3.Malarvizhi                                       ....Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records relating to the impugned FIR in Crime No.
                     168 of 2022 on the file of the first respondent police and quash the same


                                     For Petitioner  : Mr.T.Veerakumar
                                     For Respondents : Mr.A.Albert James
                                     No.1              Government Advocate(Crl.Side)
                                     No.2 &3         : Mr.G.Dinesh




                     1/6

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.(MD) No.13698 of 2022

                                                             ORDER

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

Crime No.168 of 2022 on the file of the first respondent police

2.The case of the prosecution is that due to some money dispute on

17.06.2022 the petitioner herein said to have trespassed into house of the

second respondent and abused him and also gave life threat to the third

respondent by demanding money.

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 petitioner and the second and third

respondents and also by their respective counsel. The petitioner and the

second and third respondent were also present in person before this

Court and they were identified by Mr.N.Muthukrishnan, SSI of Police,

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13698 of 2022

Karaikudi North 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 regarding money and 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 448,294(b),506(2) of IPC and Section 4 of TNPHW Act

and Section 4 of Tamil Nadu Prohibition of charging Exorbitant and

Interest Act, 2003.

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.13698 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. 168 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.168 of 2022 on the file of the

first respondent police respondent police, is quashed insofar as the

petitioner and the terms of joint compromise memo shall form part and

parcel of this order.

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.13698 of 2022

To

1. The Inspector of Police Karaikudi North Police Station Sivagangai District

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13698 of 2022

V.SIVAGNANAM, J.

aav

Crl.O.P.(MD) No.13698 of 2022

04.08.2022

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