Abdul Fasith vs The State Represented By
2022 Latest Caselaw 18232 Mad

                                                                       Crl.O.P.(MD)No.21835 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 19.12.2022

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                            Crl.O.P.(MD)No.21835 of 2022

                     1.Abdul Fasith

                     2.Nijam @ Nijamudeen                                   ... Petitioners

                                                         Vs.

                     1.The State represented by
                       The Inspector of Police,
                       Cumbum North Police Station,
                       Theni District.
                       (Crime No.791 of 2017)

                     2.Jabarullah                                           ... Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records pertaining to the
                     proceedings in S.C.No.109 of 2021 on the file of the Sub Ordinate Court,
                     Uthamapalayam, in connection to the Crime No.791 of 2017 on the file
                     of the first respondent and quash the same.

                                      For Petitioners    : Mr.B.Fazil Kirmani

                                      For R1             : Mr.M.Muthumanikkam
                                                           Government Advocate (Crl. Side)

                                      For R2             : Mr.S.Veerapandi Selvaraj

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                            Crl.O.P.(MD)No.21835 of 2022

                                                        ORDER

This Criminal Original Petition has been filed, invoking Section

482 Cr.P.C., seeking orders to call for the records pertaining to the

proceedings in S.C.No.109 of 2021 on the file of the Sub Ordinate Court,

Uthamapalayam and quash the same.

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.791

of 2017 against nine persons including the petitioners herein and after

investigation and filing of the final report, the case was committed to the

Sessions Court and the same was taken on file in S.C.No.109 of 2021 on

the file of the Sub Ordinate Court, Uthamapalayam for the offences

under Sections 294(b), 307, 120B and 326 IPC against the petitioners

only.

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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21835 of 2022

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 counsels. The petitioners and the second

respondent are present before this Court and and they were identified by

Mr.Manikandan, Special Sub Inspector, Cumbum North Police Station,

Theni District 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), 307, 120B 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21835 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 S.C.No.109 of 2021 pending before the

Sub Ordinate Court, Uthamapalayam, even though, the offences involved

are not compoundable in nature.

8. Accordingly, this Criminal Original Petition is allowed and the

proceedings in S.C.No.109 of 2021, on the file of the Sub Ordinate

Court, Uthamapalayam, is quashed as against the petitioners and the joint

compromise memo shall form part and parcel of this order.

                                                                                   19.12.2022
                     Index             :     Yes / No
                     Internet          :     Yes / No
                     SSL

                     To

1.The Sub Ordinate Court, Uthamapalayam.

2.The Inspector of Police, Cumbum North Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21835 of 2022

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21835 of 2022

K.MURALI SHANKAR,J.

SSL

Order made in Crl.O.P.(MD)No.21835 of 2022

Dated: 19.12.2022

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