Madras High Court
Kamaraj vs State Represented By on 14 December, 2022
Crl.O.P.(MD)No.20846 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.20846 of 2022
1.Kamaraj
2.Saimon
3.Ranjini Jothiboy ... Petitioners
Vs.
1.State represented by
The Inspector of Police,
Meignanapuram Police Station,
Sathankulam Taluk,
Thoothukudi District.
(Crime No.108 of 2022)
2.Gnana Satheesh Kumar ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the Charge
Sheet in C.C.No.232 of 2022 on the file of the learned Judicial
Magistrate Court, Sathankulam and quash the same as illegal.
1/6
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Crl.O.P.(MD)No.20846 of 2022
For Petitioners : Mr.S.R.Anbarasu
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.V.Angusamy
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the
Charge Sheet in C.C.No.232 of 2022 on the file of the learned Judicial
Magistrate Court, Sathankulam and quash the same as illegal.
2. The learned counsel appearing for the petitioners would submit
that the second respondent has lodged a complaint before the first
respondent and on that basis, FIR came to be registered in Crime No.108
of 2022 against the petitioners/accused 1 to 3 and after investigation and
filing of the final report, the same was taken cognizance in C.C.No.232
of 2022 on the file of the Judicial Magistrate, Sathankulam against the
petitioners 1 and 2 for the offences under Sections 294(b), 506(2), 325
and 326 IPC.
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Crl.O.P.(MD)No.20846 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. It is evident from the records that the third petitioner originally
was made an accused in the FIR, but subsequently, her name does not
find place in the charge sheet. Anyway, she is present before this Court.
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 counsels. The petitioners and the second
respondent are present before this Court and and they were identified by
Mr.M.Vijaya Das, Sub Inspector of Police, Meignanapuram 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.
6. In the instant case, the dispute is of personal in nature and the
parties had compromised. Where the parties have compromised the
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Crl.O.P.(MD)No.20846 of 2022
matter, the High Court has to power to quash the complaint for the
offence under Sections 294(b), 506(2), 325 and 326 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 C.C.No.232 of 2022 pending before the
Judicial Magistrate, Sathankulam, even though, the offences involved are
not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in C.C.No.232 of 2022, on the file of the Judicial
Magistrate, Sathankulam, is quashed as against the petitioners 1 and 2
and the joint compromise memo shall form part and parcel of this order.
14.12.2022
Index : Yes / No
Internet : Yes / No
csm
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Crl.O.P.(MD)No.20846 of 2022
To
1.The Judicial Magistrate,
Sathankulam.
2.The Inspector of Police,
Meignanapuram Police Station,
Sathankulam Taluk,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.20846 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.20846 of 2022
Dated: 14.12.2022
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