Vignesh vs State Through
2022 Latest Caselaw 10574 Mad

                                                                               Crl.O.P.(MD) No.10947 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 20.06.2022

                                                        CORAM:

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                           Crl.O.P.(MD) No.10947 of 2022


                Vignesh                                                               ...Petitioner

                                                            Vs.

                1.State Through
                the Inspector of Police,
                Kamuthi Police Station,
                Ramanathapuram District.
                (Crime No.447 of 2020)

                2.Ponnuchamy                                                          ...Respondents


                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying

                this Court to call for the records in Crime No.447 of 2020 on the file of the 1 st

                respondent Police and to quash the same against the petitioner.

                                       For Petitioner     : Ms.P. Jessi Jeeva Priya

                                       For 1st Respondent : Mr.M. Sakthi Kumar
                                                            Government Advocate (Crl. Side)

                                       For 2nd respondent : M/s. P.Shanmugavel Priya



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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.(MD) No.10947 of 2022


                                                       ORDER

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

Crime No.447 of 2020, on the file of the first respondent police.

2. On the complaint given by the 2nd respondent a case has been

registered in Crime No. 447 of 2020 for the offences under Sections 294(b)

and 323 IPC as against the petitioner herein and the petitioner herein has also

given a complaint and the same has been registered in Crime No. 448 of 2020

for the similar offences. This is case of case and counter case.

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.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.G. Sankar,

HC, Kamuthi Police Station. This Court also enquired both the parties and

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10947 of 2022

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, 332, 506(i) 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 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.447 of 2020 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10947 of 2022

sequel, the proceedings in Crime No.447 of 2020 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.

20.06.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order trp

To

1. The Inspector of Police, Kamuthi 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.10947 of 2022

V.SIVAGNANAM, J.

trp

Crl.O.P.(MD) No.10947 of 2022

20.06.2022

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