Madras High Court
Selvakumar vs State Represented By on 12 August, 2022
Crl.O.P.(MD) No.14340 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:12.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.14340 of 2022
1. Selvakumar,
2. Abinesh,
3. Vignesh,
: Petitioners
Vs
1.State represented by
The Inspector of Police,
Asaripallam Police Station,
Kanyakumari District.
Crime No. 68/2022.
2. Manikandan,
: Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records relating to the charge sheet in C.C No. 620
of 2022, on the file of the learned Judicial Magistrate No.I, Nagercoil and
quash the same.
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Crl.O.P.(MD) No.14340 of 2022
For Petitioners : M/s.Saravanakumar P,
For R1 : Mr.A.Albert James,
Government Advocate (Crl.Side)
For R2 : Mr.S.P.Vasanth
ORDER
The Criminal Original Petition has been filed to quash the Charge
Sheet in C.C No. 620 of 2022, on the file of the learned Judicial
Magistrate No.I, Nagercoil, for the offences punishable under Sections
427, 294(b), 324 and 506(2) of IPC, in Crime No.68/2022.
2.The case of the prosecution is that due to previous enmity, the
petitioners broken the second respondent's window-glass with stones,
abused him with with filthy language, assaulted him with knife and also
threatened him with dire consequences. Hence the complaint.
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.
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Crl.O.P.(MD) No.14340 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.V.Palani, SSI of Police, Asaripallam Police Station,
Kanyakumari 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 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 complaint for the
offence under Sections 427, 294(b), 324 and 506(2) 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
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Crl.O.P.(MD) No.14340 of 2022
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 C.C No. 620 of 2022, on the file of the learned
Judicial Magistrate No.I, Nagercoil, 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 C.C No. 620 of 2022, on the file of the
learned Judicial Magistrate No.I, Nagercoil is quashed and the terms of
joint compromise memo shall form part and parcel of this order.
12.08.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
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Crl.O.P.(MD) No.14340 of 2022
To
1.The Inspector of Police,
Asaripallam Police Station,
Kanyakumari District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai
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Crl.O.P.(MD) No.14340 of 2022
V.SIVAGNANAM, J.
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Crl.O.P.(MD) No.14340 of 2022
12.08.2022
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