Madras High Court
K.Mohan vs The State Represented By on 5 July, 2022
Crl.O.P.(MD) No.11983 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.11983 of 2022
1. K.Mohan ... Petitioner/ Sole Accused
Vs
1. The State Represented by
The Inspector of Police,
Thirumangalam Town Police Station,
Madruai.
(Crime No.193 of 2022). ... 1st Respondent/Complainant
2.B.Samuthirapandi ... 2nd Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the entire records relating to the FIR in Crime No. 193 of
2022 on the file of the respondent police and quash the same in respect of
the sole accused.
For Petitioner : Mr.N. Thamimul Ansari
For R1 : Mr.M.Sakthi Kumar
Government Advocate (Crl Side)
1/6
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Crl.O.P.(MD) No.11983 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.193 of 2022 on the file of the first respondent.
2.The contention of the petitioner and the second respondent is that
based on the complaint lodged by the second respondent, the first
respondent registered First Information Report in Crime No.193 of 2022 for
the offences punishable under Sections 324, 506(ii) of IPC and 4 of
TNPHW Act, 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.
4. The learned counsel for the petitioner submitted that it is a case and
case in counter and the defacto complainant and the accused persons have
settled the matter out of the Court and they have filed a Joint Memo of
Compromise before this Court which have been signed by the petitioner and
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Crl.O.P.(MD) No.11983 of 2022
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 and
Mr.A.Gopalakrishnan, SSI of Police, Thirumangalam Town Police Station,
Madurai District. 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 in Crime No.193 of
2022 for the offences punishable under Sections 324, 506(ii) of IPC and 4
of TNPHW Act.
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.
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Crl.O.P.(MD) No.11983 of 2022
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.193 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.193 of 2022 on the file of the first
respondent police, is quashed insofar as the petitioners alone and the terms
of joint compromise memo shall form part and parcel of this order.
.
05.07.2022
Internet:Yes./No
Index:Yes/no
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11983 of 2022
To
1. The Inspector of Police,
Thirumangalam Town Police Station,
Madruai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11983 of 2022
V.SIVAGNANAM, J.
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ORDER IN
CRL.O.P (MD) No.11983 of 2022
05.07.2022
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