Madras High Court
[email protected] Arasakumar vs The Inspector Of Police on 10 August, 2022
Crl.O.P.(MD) No.13657 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.13657 of 2022
1. [email protected] Arasakumar
2. A.Kokila
3.K.T.Sivashanmugam
4.C.Suresh
5. Palaniyappan ... Petitioners
Vs.
1. The Inspector of Police
Land Grabbing Special Cell
Trichy District
2. S.Durai ....Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records pertaining to the case in CC No.2528 of
2019 on the file of the learned Judicial Magistrate No.II, Trichy and
quash the same.
For Petitioners : Mr.V.Illanchezian
For Respondents : Mr.E.Antony Sahaya Prabahar
No.1 Additional Public Prosecutor
1/6
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Crl.O.P.(MD) No.13657 of 2022
ORDER
The Criminal Original Petition has been filed to quash the Charge
Sheet in CC No.2528 of 2019 on the file of the learned Judicial
Magistrate No.II, Trichy.
2.The case of the prosecution is that due to some money dispute
regarding purchase of land, the second respondent gave complaint
against the petitioners, for which a case has been registered in Crime No.
19 of 2013 and after investigation the case has been charge sheeted in
CC.No.2528 of 2019.
3.The case is under trial. 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
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Crl.O.P.(MD) No.13657 of 2022
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.A.Balakumar, SSI of POlice, Anti Land Grabbing
Special Cell, Trichy District 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 land and the parties
have compromised the matter out of court. Where the parties have
compromised the matter, the High Court has to power to quash the
complaint for the offence under Sections 120(b),406,420,506(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.
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Crl.O.P.(MD) No.13657 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 CC No.2528 of 2019 on the file of the learned Judicial
Magistrate No.II, Trichy, 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 CC No.2528 of 2019 on the file of the
learned Judicial Magistrate No.II, Trichy is quashed 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
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Crl.O.P.(MD) No.13657 of 2022
To
1. The Judicial Magistrate No.II, Trichy
2. The Inspector of Police
Land Grabbing Special Cell
Trichy District
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13657 of 2022
V.SIVAGNANAM, J.
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Crl.O.P.(MD) No.13657 of 2022
10.08.2022
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