Madras High Court
Balaji vs The Inspector Of Police on 20 December, 2022
Crl.O.P.(MD)No.21663 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.21663 of 2022
1.Balaji
2.Tamilarasan
3.Ranjith
4.Praveen
5.Manoj
6.Devakar @ Dhivakar
7.Raja @ Rajkumar ... Petitioners
Vs.
1.The Inspector of Police,
Vathalaipatti Police Station,
Trichy District.
(Crime No.178 of 2022)
2.Arun ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records and quash the
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21663 of 2022
proceedings in Crime No.178 of 2022 pending on the file of the first
respondent police so far the petitioners are concerned.
For Petitioners : Mr.N.Jeyaram Sidharth
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.A.Subash
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.178 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, due to which, the petitioners abused the second
respondent/defacto complainant in filthy language and also attacked him
by using wooden stick.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the second
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21663 of 2022
respondent has lodged a complaint before the first respondent and on that
basis, FIR came to be registered in Crime No.178 of 2022 dated
26.10.2022 for the offences under Sections 147, 148, 294(b), 323, 324
and 506(2) IPC against the petitioners.
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 second
respondent were also present in person before this Court and they were
identified by Mr.V.Jeganathan, Head Constable - 449, Vathalai 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 now
the parties had compromised. Where the parties have compromised the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21663 of 2022
matter, the High Court has power to quash the complaint for the offences
under Sections 147, 148, 294(b), 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.178 of 2022 pending before the
first respondent police, even though, the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.178 of 2022 on the file of the
first respondent police, is quashed and the terms of joint compromise
memo shall form part and parcel of this order.
20.12.2022
Index : Yes / No
Internet : Yes / No
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.21663 of 2022
To
1.The Inspector of Police,
Vathalaipatti Police Station,
Trichy 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.21663 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.21663 of 2022
Dated: 20.12.2022
https://www.mhc.tn.gov.in/judis
