Madras High Court
Ganesan vs The State Rep. By Its on 21 June, 2022
CRL.O.P (MD) No.10845 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.10845 of 2022
Ganesan ... Petitioner/Sole Accused
Vs.
1.The State rep. by its
The Inspector of Police,
Thirupparankundram Police Station,
Madurai City,
Madurai District.
(Cr.No.203 of 2022)
2.K.Kaleeswari ... Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records in Crime No.203 of 2022 on the file of the
first respondent police and quash the same insofar as the petitioner is
concerned.
For Petitioner : Mr.S.Balaji
For R1 : Mr.M.Sakthikumar
Government Advocate (Crl.Side)
For R2 : Mr.T.Dinakaran
1/5
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.10845 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.203 of 2022, on the file of the first respondent police.
2.The case of the prosecution is that the second respondent is residing
at Thirupparankundram Om Sakthi Nagar. Her husband having a land at
Om Sakthi Nagar 5th street, which situates near the petitioner's site. On
29.05.2022 at about 9.00 a.m. when the second respondent was engaging in
building work, the petitioner herein had abused and warned her that she
should not carry out building work in that place and also attacked her with
wooden lock. Hence, the complaint.
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
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CRL.O.P (MD) No.10845 of 2022
were also present in person before this Court and they were identified by
Mr.T.Kamban, SSI of Police, Thirupparankundram Police Station,
Madurai City, 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 civil 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(i) of IPC and Section 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.
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.203 of 2022 pending before the first respondent
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CRL.O.P (MD) No.10845 of 2022
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.203 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.
21.06.2022
Internet:Yes./No
Index:Yes/no
vsd
To
1.The Inspector of Police,
Thirupparankundram Police Station,
Madurai City,
Madurai District.
(Cr.No.203 of 2022)
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.10845 of 2022
V.SIVAGNANAM, J.
vsd
ORDER IN
CRL.O.P (MD) No.10845 of 2022
21.06.2022
https://www.mhc.tn.gov.in/judis
