Selvakumar vs State Represented Through
2022 Latest Caselaw 14605 Mad

                                                                     Crl.O.P.(MD) No.14702 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.14702 of 2022

                     1. Selvakumar,

                     2. Daniyal Krishtober,
                                                                                    : Petitioners

                                                        Vs

                     1. State represented through
                     The Inspector of Police,
                     Alanganallur Police Station,
                     Madurai District.
                     (In Crime No.85/2021)

                     2. Navaneethan,
                                                                                 : Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the entire records connected to the impugned FIR in
                     Crime No.85/2021 pending on the file of first respondent police and quash
                     the same.




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.14702 of 2022


                                              For Petitioners    : M/s.Gopala Krishnan T,
                                              For R1              : Mr.A.Albert James,
                                                                 Government Advocate (Crl.Side)
                                               For R2            : Mr.R.Karunanidhi

                                                            ORDER

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

Crime No.85/2021 pending on the file of first respondent.

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

was a wordy quarrel between the second respondent and the petitioners.

The petitioners assaulted him and also abused with filthy languages. Hence

the complaint.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14702 of 2022

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.A.Chinnasamy, SSI of Police, Alanganallur Police Station 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), 324, 307, 506(2) IPC and Section 4 of Tamil Nadu

Prohibition of Harassment of Women Act, 2002.

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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14702 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 Crime No.85 of 2021 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.85 of 2021 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.

17.08.2022 Internet:Yes./No Index:Yes/no lr

To

1.The Inspector of Police, Alanganallur Police Station, Madurai 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.14702 of 2022

V.SIVAGNANAM, J.

lr

ORDER IN CRL.O.P (MD) No.14702 of 2022

17.08.2022

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