Rasu vs The State Through
2022 Latest Caselaw 11759 Mad

                                                                         Crl.O.P.(MD) No.11989 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 04.07.2022

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                          CRL.O.P (MD) No.11989 of 2022


                     Rasu                                          ... Petitioner/ Sole Accused

                                                           Vs

                     1. The State through
                        The Inspector of Police,
                        Rameswaram Town Police Station,
                        Ramanathapuram District.
                        In Crime No.179 of 2022)                  ... 1st Respondent/ Complainant

                     2. S.Chinnachamy @ Saravanan                        ..... 2nd Respondent/
                                                                        De-facto Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records in Crime No.179 of 2022 on the file of the
                     first respondent police and to quash the same against the petitioner.


                                         For Petitioner     : Mr.J.David Ganesan

                                         For R1             : Mr.M Sakthi Kumar
                                                              Government Advocate (Crl.side)
                                         For R2             : Mr.P.Balamurugan



                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.(MD) No.11989 of 2022


                                                             ORDER

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

Crime No.179 of 2022, on the file of the first respondent police.

2.The case of the prosecution is that the petitioner is a auto driver and

on 11.06.2021 at about 10.30 a.m, when he parked his auto in front of one

Private Lodge at East Street, Rameswaram and went to pick up his

customers, somebodies putting washed cloths in the petitioner's auto and the

same was questioned by the petitioner, at that time, some wordy quarrel

arose between the petitioner and the second respondent. Thereafter, the

second respondent made a complaint before the first respondent. On

receiving the same the first respondent registered a case in Crime No. 179 of

2022, dated 11.06.2022 for the offences under Sections 294(b), 323 and 506

(ii) of IPC as against the petitioner.

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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11989 of 2022

4. The learned counsel for the petitioner submitted that this is a case

in counter and the defacto complainant and the accused person settled the

matter out of the Court and they have been filed a Joint Memo of

Compromise before this Court which have been signed by the petitioner and

the second respondent and also by their respective counsel. The petitioner

and the second respondent were also present in person before this Court and

they were identified by the learned Government Advocate (Crl.Side) and

Mr.D.Karthik Raja, Gr.I -724, Rameswaram Town Police Station. 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), 323, 506(ii) 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11989 of 2022

303 and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported

in (2017)9 SCC 641 were taken into consideration.

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.179 of 2022 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.179 of 2022 on the file of the first

respondent police, is quashed insofar as the petitioner alone and the terms of

joint compromise memo shall form part and parcel of this order.

04.07.2022

Internet:Yes./No Index:Yes/no ebsi

Note: Issue order copy on 05.07.2022

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11989 of 2022

To

1.The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram 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.11989 of 2022

V.SIVAGNANAM, J.

ebsi

ORDER IN CRL.O.P (MD) No.11989 of 2022

04.07.2022

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