V.Ramanathan vs The Inspector Of Police
2022 Latest Caselaw 14556 Mad

Citation : 2022 Latest Caselaw 14556 Mad
Judgement Date : 17 August, 2022

Madras High Court

V.Ramanathan vs The Inspector Of Police on 17 August, 2022

                                                                      Crl.O.P.(MD) No.14530 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 17.08.2022

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                          Crl.O.P.(MD) No.14530 of 2022
                                                       and
                                           Crl.M.P(MD)No.1000 of 2022

                     1.V.Ramanathan
                     2.D.Karthick @ Karthik
                     3.D.Alexpandian @ Alexpandiyan                ...Petitioners/A-1, 2 & 4
                                                            /Vs/
                     1.The Inspector of police,
                        Bazaar Police Station,
                       Virudhunagar District.
                       (In Crime No.465 of 2015)                   ...R-1/Complainant

                     2.A.Kamalakannan                              ...Respondent/Defacto
                                                                          Complainant


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records pertaining to the Charge Sheet in
                     S.C.No.252 of 2016 in Crime no.465 of 2015 pending on the file of the
                     Assistant Sessions Court, Virudhunagar and quash the same so far as the
                     petitioners concerned as illegal.



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                          Crl.O.P.(MD) No.14530 of 2022

                                        For Petitioners   : Mr.C.M.Arumugam
                                        For R-1           :Mr.A.Albert James,
                                                           Government Advocate (crl. side)
                                        For R-2           :Mr.M.Alaudheen


                                                           ORDER

The Criminal Original Petition has been filed to quash the Charge

Sheet in S.C.No.252 of 2016 pending on the file of the Assistant Sessions

Court, Virudhunagar, for the offences punishable under Sections 341,

324, 326, 307 r/w 34 of IPC, in Crime No.465 of 2015.

2.The case of the prosecution is that due to previous enmity

between the 1st petitioner herein/A-1 and the defacto complainant, on

25.11.2015 at about 07.00 p.m., the defacto complainant and his father

went near Kamarajar Salai and the same was informed to A-1 by A-4

over phone. At that time, A-3/deceased thrown up Chilli powder upon

the defacto complainant and A-2 attacked the defacto complainant with

knife.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14530 of 2022

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

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.Logithasan, SSI of Police, Bazaar Police Station,

Virudhunagar 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 341, 324, 326, 307 r/w 34 of IPC.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14530 of 2022

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 S.C.No.252 of 2016 pending before the Assistant

Sessions Court, Virudhunagar, 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 in S.C.No.252 of 2016 pending before the

Assistant Sessions Court, Virudhunagar, is quashed and the terms of joint

compromise memo shall form part and parcel of this order.

17.08.2022

Internet:Yes Index:Yes/No ksa Note : Issue a copy of order on 22.08.2022

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14530 of 2022