Madras High Court
Suryaprakash vs The Inspector Of Police on 14 December, 2022
Crl.O.P.(MD)No.20407 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.20407 of 2022
1.Suryaprakash
2.Vinith
3.Ramalingam ... Petitioners
Vs.
1.The Inspector of Police,
Gudalur North Police Station,
Gudalur,
Theni District.
(Crime No.102 of 2022)
2.Keerthi
3.Kiran ... Respondents
(R3 is impleaded as per the order of this Court dated
13.12.2022 in Crl.M.P.(MD)No.15503 of 2022 in
Crl.O.P(MD)No.20407 of 2022)
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the First
1/6
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Crl.O.P.(MD)No.20407 of 2022
Information Report in Crime No.102 of 2022 on the file of the first
respondent police and quash the same as illegal as against the petitioners.
For Petitioners : Mr.K.Anandraj
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.K.Arunraj
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the First
Information Report in Crime No.102 of 2022 on the file of the first
respondent police and quash the same as illegal against the petitioners.
2. The case of the prosecution is that there existed previous enmity
between the parties, for which, the petitioners assaulted the second
respondent/defacto complainant and threatened him with dire
consequences.
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Crl.O.P.(MD)No.20407 of 2022
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the second
respondent has lodged a complaint about the incident alleged to have
occurred on 01.04.2022 against the petitioners and that FIR came to be
registered in Crime No.102 of 2022, for the offences under Sections
294(b), 342, 323, 324 and 506(2) IPC on the file of the first respondent.
He would further submit that in that incident, the third respondent, who
is the brother of the second respondent, has also sustained injuries.
4. The case is still under the investigation. By passage of time, the
parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
5. 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 respondents 2
and 3 were also present in person before this Court and they were
identified by Mr.Murugan, Special Sub Inspector, Gudalur North Police
Station as well as by the learned counsels appearing for the parties. This
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Crl.O.P.(MD)No.20407 of 2022
Court also enquired both the parties and was satisfied that the parties
have come to an amicable settlement between themselves.
6. In the instant case, the dispute is of personal in nature and now
the parties had compromised. Where the parties have compromised the
matter, the High Court has power to quash the complaint for the offences
under Sections 294(b), 342, 323, 324 and 506(2) IPC.
7. 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.
8. 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.102 of 2022 pending before the
first respondent, even though, the offences involved are not
compoundable in nature.
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Crl.O.P.(MD)No.20407 of 2022
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.102 of 2022 on the file of the
first respondent, is quashed and the terms of joint compromise memo
shall form part and parcel of this order.
14.12.2022
Index : Yes / No
Internet : Yes / No
csm
To
1.The Inspector of Police,
Gudalur North Police Station,
Gudalur,
Theni 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.20407 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.20407 of 2022
Dated: 14.12.2022
https://www.mhc.tn.gov.in/judis
