Madras High Court
Pothumponnu vs The Inspector Of Police (Circle) on 10 August, 2022
Crl.O.P.(MD) No.14242 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.08.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.14242 of 2022
1. Pothumponnu
2. Suresh Kumar
3. Ramasami @ Ramasamy
4. Venkateasan ... Petitioners/Accused Nos.1 to 4
Vs
1. The Inspector of Police (Circle)
Ulagampatti Police Station,
Sivagangai District.
2. The Sub-Inspector of Police,
Puludhipatti,
Sivagangai District.
Crime No.21 of 2022. ... Respondents 1 & 2/ Complainants
3. Eeti Koonar @ Ettikon ... 3rd Respondent/ Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to quash the impugned FIR in Crime No.21 of 2022, dated
12.04.2022, for the offences under Sections 294 (b), 323, 448, 506 (I)
I.P.C., r/w. Section 4 of TNPHW Act, on the file of the second respondent
police.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14242 of 2022
For Petitioners : Mr.S.Boominathan
For R1 & R2 : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
For R3 : Mr. P.M.Vishnuvarthanan
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.21 of 2022, dated 12.04.2022, on the file of the second
respondent police.
2.The contention of the petitioners is that based on the complaint
lodged by the third respondent, the second respondent registered First
Information Report in Crime No.21 of 2022 for the offences punishable
under Sections 294 (b), 323, 448, 506 (I) I.P.C., r/w. Section 4 of TNPHW
Act.
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.14242 of 2022
4. The learned counsel for the petitioners submitted that it is a case
and case in counter. The defacto complainant and the accused persons
settled the matter out of the Court and they have been filed a Joint Memo of
Compromise before this Court which have been signed by the petitioners
and the third respondent and also by their respective counsel. The
petitioners and the third respondent were also present in person before this
Court and they were identified by the learned Government Advocate and
Mr.P.Thennavan, HC-574, Puludhipatti Police Station, Sivagangai 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 FIR in Crime No.21 of 2022, for
the offences under Sections 294 (b), 323, 448, 506 (i) I.P.C., r/w. Section 4
of TNPHW Act.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14242 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 Crime No.21 of 2022 pending before the second 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.21 of 2022 on the file of the second
respondent police, is quashed insofar as the petitioners alone and the terms
of joint compromise memo shall form part and parcel of this order.
Internet:Yes./No 10.08.2022
Index:Yes/no (1/2)
ebsi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14242 of 2022
To
1. The Inspector of Police (Circle)
Ulagampatti Police Station,
Sivagangai District.
2. The Sub-Inspector of Police,
Puludhipatti,
Sivagangai 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.14242 of 2022
V.SIVAGNANAM, J.
ebsi
ORDER IN
CRL.O.P (MD) No.14242 of 2022
10.08.2022
(1/2)
https://www.mhc.tn.gov.in/judis
