Madras High Court
Mohamed Ibrahim vs The State Represented Through on 17 August, 2022
Crl.O.P.(MD) No.14717 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.14717 of 2022
Mohamed Ibrahim,
: Petitioner
Vs
1. The State represented through
The Inspector of Police,
B-1 Vilakkuthoon Police Station,
Madurai
Crime No. 528/2020.
2. Alavudeen,
: Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records pertaining to the charge sheet in C.C No.
584 of 2022, on the file of the Judicial Magistrate Court No.I, Madurai
and quash the same as illegal as against the petitioner.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14717 of 2022
For petitioner : M/s.Seenisulthan.M,
For R1 : Mr.A.Albert James,
Government Advocate (Crl.Side)
For R2 : Mr.J.Mohamed Ibrahim
ORDER
The Criminal Original Petition has been filed to quash the Charge
Sheet in C.C No. 584 of 2022, on the file of the Judicial Magistrate Court
No.I, Madurai, for the offences punishable under Sections 294(b) and
2.The case of the prosecution is that due to family dispute, the
defacto complainant lodged a complaint against the petitioner, for which,
an FIR in Crime No.528/2020 had been registered. After investigation,
the charge sheet, which is now under challenge was filed.
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.14717 of 2022
4. A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioner and the second respondent and
also by their respective counsel. The petitioner and the second
respondent were also present in person before this Court and they were
identified by Mr.K.Ravichandran, SI of Police, B-1 Vilakkuthoon Police
Station, Madurai city 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 294(b) and 326 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.14717 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 C.C No. 584 of 2022, on the file of the Judicial
Magistrate Court No.I, Madurai, 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. 584 of 2022, on the file of the
Judicial Magistrate Court No.I, Madurai 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
Speaking/Non speaking order
lr
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14717 of 2022
To
1.The Inspector of Police,
B-1 Vilakkuthoon Police Station,
Madurai
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14717 of 2022
V.SIVAGNANAM, J.
lr
Crl.O.P.(MD) No.14717 of 2022
17.08.2022
https://www.mhc.tn.gov.in/judis
