Madras High Court
Jeeva vs The State Represented By on 5 July, 2022
Crl.O.P.(MD) No.11714 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.11714 of 2022
and
Crl.M.P.(MD).Nos.7381 and 7382 of 2022
Jeeva ...Petitioner/Accused No.5
Vs.
1.The State represented by
The Inspector of Police,
Thanjavur Medical College Police Station,
Thanjavur District.
(Crime No.18 of 2019) ... Respondent No.1/
Complainant
2.Sarathkumar ...Respondent No.2/
Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records relating to SC.No.83 of 2020 on the file of
the Principal Assistant Sessions Judge, Thanjavur and quash the same as
against the petitioner.
https://www.mhc.tn.gov.in/judis
1/6
Crl.O.P.(MD) No.11714 of 2022
For Petitioner : Mr.M.Karunanithi
For R-1 : Mr.E.Antony Sahaya Prabahar,
Additional Public Prosecutor.
ORDER
The Criminal Original Petition has been filed to quash the case in
SC.No.83 of 2020 on the file of the Principal Assistant Sessions Judge,
Thanjavur.
2.The case of the prosecution is that the second respondent herein
was working in a bar situated at Ramanath Hotel at Thanjavur District.
On 15.01.2019 at about 8.10 p.m the accused persons gave lesser money
than that of the bill. When the second respondent questioned about the
same, he was assaulted by the accused persons. Hence, the complaint
was registered. After completion of investigation, charge-sheet has been
laid and it has been taken cognizance in S.C.No.83 of 2020 on the file of
the Principal Assistant Sessions Judge, Thanjavur and it is pending for
trial.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11714 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. A Joint Memo of Compromise has been filed 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 Mr.Abdul Rahim, SSI, Thanjavur Medical College Police
Station, Thanjavur 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), 506(ii), 147, 148, 427 and 307 I.P.C.
6. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Punjab and another reported in
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11714 of 2022
(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 S.C.No.83 of 2020 pending before the Principal
Assistant Sessions Judge, Thanjavur, 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 S.C.No.83 of 2020 on the file of
the Principal Assistant Sessions Judge, Thanjavur is quashed and the
terms of joint compromise memo shall form part and parcel of this
order. Consequently, connected miscellaneous petitions stand
closed.
05.07.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
Nsr
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11714 of 2022
To
1.The Inspector of Police,
Thanjavur Medical College Police Station,
Thanjavur District.
2.The Principal Assistant Sessions Judge,
Thanjavur.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11714 of 2022
V.SIVAGNANAM, J.
Nsr
Crl.O.P.(MD) No.11714 of 2022
05.07.2022
https://www.mhc.tn.gov.in/judis
