Ramar vs The Inspector Of Police
2022 Latest Caselaw 14357 Mad

                                                                     Crl.O.P.(MD) No.14403 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED:11.08.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                           Crl.O.P.(MD) No.14403 of 2022

                     1. Ramar
                     2. Mahalingam                                             ... Petitioners
                                                           Vs.

                     1. The Inspector of Police
                       Thirumangalam Town Police Station
                       Madurai District

                     2. Aandi                                                  ....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.230 of
                     2022on the file of the first respondent and quash the same.

                                     For Petitioners : Mr.S.Sivaprakash
                                     For Respondents : Mr.A.Albert James
                                     No.1             Government Advocate(Crl.Side)
                                     No.2            : Mr.R.Ranjith




                     1/5

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.(MD) No.14403 of 2022

                                                            ORDER

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

230 of 2022 on the file of the first respondent police

2.The case of the prosecution is that due to civil dispute, the

petitioner herein abused the defacto complainant using filthy language

and also attacked with hands, 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

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

identified by Mr.C.Karunakaran, Spl.SI of Police, Thirumangalam Town

Police Station as well as by the learned Counsels appearing for the

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14403 of 2022

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 between the husband and wife

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 341,294(b),323,355,506(i) of

IPC r/w.Section 4 of TNPHW Act.

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. 230 of 2022 pending before the first

respondent police, even though, the offences involved are not

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14403 of 2022

compoundable in nature.

8.Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in Crime No.230 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.

11.08.2022

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

To

1. The Inspector of Police Thirumangalam Town Police Station Madurai District

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14403 of 2022

V.SIVAGNANAM, J.

aav

Crl.O.P.(MD) No.14403 of 2022

11.08.2022

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