Madras High Court
Mohamed Ali @ Baba vs The State Of Tamil Nadu on 16 August, 2022
Crl.O.P.(MD) No.12515 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.08.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.12515 of 2022
1. Mohamed Ali @ Baba
2. Sheik Abdulla ... Petitioners/ Accused No.2 & 3
Vs
1. The State of Tamil Nadu
Represented by
The Inspector of Police,
Kenikarai Police Station,
Ramanathapuram District.
(Crime No.06 of 2020) ... 1st Respondent/ Complainant
2. Shaine ... 2nd Respondent/ Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records pertaining to the FIR in Crime No.06 of 2020,
dated 02.01.2020, on the file of the respondent police station and quash the
same as illegal.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.12515 of 2022
For Petitioners : Mr.B.Mahendrarajan
Advocate.
For R1 : Mr.A.Albert James
Government Advocate (Crl.Side)
For R2 : Mr.S.Vikram
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.06 of 2020, on the file of the first respondent police.
2. The contention of the petitioners is that based on the complaint
lodged by the second respondent, the first respondent registered First
Information Report in Crime No.06 of 2020 for the offences punishable
under Sections 147, 148, 342, 294(b), 323, 324, 506(ii), 364 and 307 I.P.C.,
against the petitioners.
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.12515 of 2022
4. The learned counsel for the petitioners submitted that 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 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 the
learned Government Advocate (Crl.Side), and Mr.R.Soman, Spl Sub-
Inspector of Police, Keenikarai Police Station, Ramanathapuram 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 F.I.R in Crime No.06 of 2020 for
the offence punishable under Sections 147, 148, 342, 294(b), 323, 324,
506(ii), 364 and 307 I.P.C.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.12515 of 2022
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.06 of 2020 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.06 of 2020 on the file of the first
respondent police, is quashed insofar as the petitioners alone and the terms
of joint compromise memo shall form part and parcel of this order.
16.08.2022
Internet:Yes./No
Index:Yes/no
ebsi
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.12515 of 2022
To
1. The Inspector of Police,
Kenikarai Police Station,
Ramanathapuram District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.12515 of 2022
V.SIVAGNANAM, J.
ebsi
ORDER IN
CRL.O.P (MD) No.12515 of 2022
16.08.2022
https://www.mhc.tn.gov.in/judis
