Madras High Court
Nithyakalyani vs The Inspector Of Police on 10 August, 2022
Crl.O.P.(MD) No.14152 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.14152 of 2022
1. Nithyakalyani
2. Sankarapandi
3.Mariammal
4. Veeralakshmi
5. Moorthi
6. Muppidathi
7. Murugavalli
8. Vanaja
9. Muppudathiyammal @ Muppudathi
10. Karthick
11. Arulraj @ Arul
12. Karuppasamy
13.Jeya
14.Poosaipandi
15. Santhi ... Petitioners
Vs.
1. The Inspector of Police
Alangulam Police Station,
Alangulam, Tenkasi District
2. Muthu ....Respondents
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14152 of 2022
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records pertaining to the FIR in Crime No.248 of
2022 on the file of the first respondent and quash the same.
For Petitioners : Mr.Pragalathan
For Respondents : Mr.Sakthi Kumar
No.1 Government Advocate(Crl.Side)
No.2 : Mr.K.Muthurakkan
ORDER
This Criminal Original Petition has been filed to quash the FIR in
248 of 2022 on the file of the first respondent police
2.The case of the prosecution is that due to previous enmity on
07.07.2022 at about 9.30 pm., the petitioners herein entered into the
house and damaged the water tap, plastic top, water drum and other and
also abused the threatened the defacto complainant, 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.
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Crl.O.P.(MD) No.14152 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.C.Thangadurai,HC 679, Alangulam 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 complainant is the daughter-in-law of the
petitioners and they have settled out of court 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
147,148,341,294(b),427,352 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
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Crl.O.P.(MD) No.14152 of 2022
(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. 248 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.248 of 2022 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.
10.08.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14152 of 2022
To
1. The Inspector of Police
Alangulam Police Station,
Alangulam, Tenkasi District
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14152 of 2022
V.SIVAGNANAM, J.
aav
Crl.O.P.(MD) No.14152 of 2022
10.08.2022
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