Madras High Court
Ersath Ahamed @ Irshat Ahamed vs State Represented By on 22 June, 2022
Crl.O.P.(MD) No.7467 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.7467 of 2022
and CRL.M.P.(MD) No.5086 of 2022
Ersath Ahamed @ Irshat Ahamed ... Petitioner/
Accused No.2
Vs
1. State represented by
The Inspector of Police,
Uchipuli Police Station,
Ramanathapuram District.
(Crime No.311 of 2020) ... 1st Respondent/
Complainant
2. M.J.Daniel ...2nd Respondent/
Defacto
Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records relating to the proceedings in Crime No.311
of 2020 on the file of the first respondent police and quash the same as far
as the petitioner is concerned.
For Petitioner : Mr.J.Senthil Kumaraiah,
For Respondents : Mr.A.Albert James,
Government Advocate (Crl. Side) for R1
Mr.S.Pandiaraj for R2
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.7467 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.311 of 2020, dated 05.06.2020, on the file of the first respondent.
2.The case of the prosecution is that the petitioner and other accused
damaged the CCTV cameras, which was fixed at the Government Higher
Secondary School. Hence, the defacto complainant lodged a complaint and
for the same, an FIR had been registered in Crime No.311 of 2020, for the
offences under Sections 447 IPC and 3 of TN Public Property (Prevention
of Damage and Loss) Act, 1992.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.7467 of 2022
Mr.P.Ramamoorthy, SSI of Police, Uchipuli Police Station. This Court also
enquired both the parties and was satisfied that the parties have come to an
amicable settlement between themselves.
5.The learned Government Advocate (Criminal Side) submitted that
the damaged cameras were replaced by new cameras.
6.The defacto complainant is the Head Master of the said school and
the petitioner is being a student studying in college. Considering the future
of the petitioner/accused, the defacto complainant wants to settle the matter
out of Court and he does not want to continue the criminal proceedings
against the petitioner. Under these circumstances, continuing the criminal
proceedings against the petitioner would be of no use.
7.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 447 IPC and 3 of TN Public Property (Prevention of Damage and
Loss) Act, 1992.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.7467 of 2022
8.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.
9.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.311 of 2020 pending before the first respondent
police, even though, the offences involved are not compoundable in nature.
10.Accordingly, this Criminal Original Petition stands allowed and as
a sequel, the proceedings in Crime No.311 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.
Consequently, connected criminal miscellaneous petition is closed.
22.06.2022
Internet:Yes./No
Index:Yes/no
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.7467 of 2022
To
1. The Inspector of Police,
Uchipuli 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.7467 of 2022
V.SIVAGNANAM, J.
csm
ORDER IN
CRL.O.P (MD) No.7467 of 2022
22.06.2022
https://www.mhc.tn.gov.in/judis
