S.Chinnachamy @ Saravanan vs The State Through
2022 Latest Caselaw 11760 Mad

                                                                         Crl.O.P.(MD) No.11987 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.11987 of 2022


                     1. S.Chinnachamy @ Saravanan
                     2. Veeravignesh
                                                            ... Petitioners/Accused Nos.1 & 2

                                                           Vs

                     1. The State through
                        The Inspector of Police,
                        Rameswaram Town Police Station,
                        Ramanathapuram District.
                        In Crime No.178 of 2022)                  ... 1st Respondent/ Complainant

                     2. Rasu                                       ..... 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.178 of 2022 on the file of the
                     first respondent police and to quash the same against the petitioners.


                                         For Petitioners    : Mr.P.Balamurugan

                                         For R1             : Mr.M Sakthi Kumar
                                                              Government Advocate (Crl.side)
                                         For R2             : Mr.J.David Ganesan

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.11987 of 2022




                                                            ORDER

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

Crime No.178 of 2022, on the file of the first respondent police.

2.The case of the prosecution is that the petitioners and their family

members are went to Rameswaram at Ramanathaswamy Temple for their

uncle one year death ceremony. The petitioners and their family members

are stayed at one Private Lodge at East Street, Rameswaram on 11.06.2022

at about morning 10.30 a.m some peoples putting washed cloths in the auto

belonging to the second respondent, and the same was questioned by the

second respondent, at that time some wordy quarrel arose between the

petitioners 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. 178 of 2022, dated 11.06.2022

for the offences under Sections 147, 294(b), 323, 427 and 506 (i) of IPC as

against the petitioners.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11987 of 2022

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.

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

counter and the defacto complainant and the accused persons 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 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 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 147, 294(b), 323, 427 and 506(i) IPC.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11987 of 2022

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.

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.178 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.178 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.11987 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.11987 of 2022

V.SIVAGNANAM, J.

ebsi

ORDER IN CRL.O.P (MD) No.11987 of 2022

04.07.2022

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