Madras High Court
S.Wilson Ganamani @ Vilsamani vs The State Represented Through on 5 July, 2022
Crl.O.P.(MD) No.11967 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.11967 of 2022
1.S.Wilson Ganamani @ Vilsamani
2.J.Pratheep @ Anti Pratheep
3.K.Selvan @ Selvakumar ...Petitioners/Accused Nos.2 to 4
Vs.
1.The State represented through
The Sub Inspector of Police,
Kanyakumari Police Station,
Kanyakumari District.
(Crime No.227 of 2007) ... Respondent No.1/
Complainant
2.R.Shanmuga Perumal ...Respondent No.2/
Defacto Complainant
3.R.Selvan ...Respondent No.3/Injured
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to quash in C.C. No. 130 of 2007 on the file of the Judicial
Magistrate No. I, Nagercoil and quash the same.
https://www.mhc.tn.gov.in/judis
1/6
Crl.O.P.(MD) No.11967 of 2022
For Petitioners : Mr.K.A.Raamakrishnan
For R-1 : Mr.E.Antony Sahaya Prabahar,
Additional Public Prosecutor.
ORDER
The Criminal Original Petition has been filed to to quash the case
in C.C.No.130 of 2007 on the file of the Judicial Magistrate No. I,
Nagercoil.
2.The case of the prosecution is that there was a quarrel between
the petitioner and the third respondent in the marriage function. Due to
wordy quarrel arose between them, the petitioners attacked the third
respondent and he was injured. Hence, a complaint was registered by the
second respondent, who is the brother of the third respondent. After
completion of investigation, charge-sheet has been laid and it has been
taken cognizance in C.C.No.130 of 2007 on the file of the Judicial
Magistrate No. I, Nagercoil. and it is pending for trial.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11967 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 petitioners and the private respondents
and also by their respective counsel. The petitioners and the private
respondent were also present in person before this Court and they were
identified by Mr.R.YesuRajan, SSI of Police, Kanyakumari Police Station
as well as by the learned Counsels appearing for both 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), 323, 506(ii) IPC.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11967 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 C.C.No.130 of 2007 pending before the learned
Judicial Magistrate No. I, Nagercoil, 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 C.C.No.130 of 2007 on the file of
the Judicial Magistrate No. I, Nagercoil. is quashed and the terms of
joint compromise memo shall form part and parcel of this order.
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.11967 of 2022
To
1.The Sub Inspector of Police,
Kanyakumari Police Station,
Kanyakumari District.
2.The Judicial Magistrate No. I,
Nagercoil.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11967 of 2022
V.SIVAGNANAM, J.
Nsr
Crl.O.P.(MD) No.11967 of 2022
05.07.2022
https://www.mhc.tn.gov.in/judis
