Madras High Court
Jegan vs The Inspector Of Police on 23 June, 2022
Crl.O.P.(MD) No.11124 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.11124 of 2022
1.Jegan
2.Anandaraj ... Petitioners
Vs
1.The Inspector of Police,
Koodalpudur Police Station,
Madurai City.
2.Periyakaruppan ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the entire records pertaining to the FIR in Crime No.192
of 2022 on the file of the Inspector of Police, Koodalpudur Police Station,
Madurai City and quash the same.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11124 of 2022
For Petitioners : Mr.S.Balaji
For 1st Respondent : Mr.M.Sakthi Kumar,
Government Advocate (Crl.Side)
nd
For 2 Respondent : Mr.D.Arul Joseph
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.192 of 2022 on the file of the Inspector of Police, Koodalpudur
Police Station, Madurai City.
2.The case of the prosecution is that the first petitioner was working
as a Branch Manager and the second petitioner was working as an Agent in
the United Trade Solution, Simmakkal Branch, Madurai-2. One M.Maran,
who is the relative of the second respondent, has introduced the first
petitioner to the second respondent and at that time, the first petitioner is
said to have informed the second respondent that if the second respondent is
willing to deposit money in the above said company, he would get regular
monthly income from such company. Believing his words, the second
respondent has deposited a sum of Rs.11,00,000/- in his name and in the
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Crl.O.P.(MD) No.11124 of 2022
name of his wife and daughter through the second petitioner. Thereafter,
there was no income from the above said company. Questioned the same,
the first petitioner is said to have informed the second respondent to deposit
further a sum of Rs.75,000/-. The second respondent has paid the said
amount. Thereafter, he came to know that already the above said United
Trade Solution has been closed and many depositors have lodged complaint
against the same. Hence, the petitioner has approached the learned Judicial
Magistrate No.IV, Madurai, and filed a petition under Section 156 (3) of
Cr.P.C. in Cr.M.P.No.1193 of 2022 to register the case and the same was
ordered. 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 petitioners and the second respondent and
also by their respective counsel. The petitioners and the second respondent
were also present in person before this Court and they were identified by
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Crl.O.P.(MD) No.11124 of 2022
Mr.K.Gnana Sekaran, SSI of Police, Koodalpudur Police Station. 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 money dispute is pending between the
parties 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 406 and 420 of 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.192 of 2022 pending before the first respondent
police, even though, the offences involved are not compoundable in nature.
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Crl.O.P.(MD) No.11124 of 2022
8.Accordingly, this Criminal Original Petition stands allowed and as a
sequel, the proceedings in Crime No.192 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.
23.06.2022
Internet:Yes./No
Index:Yes/no
vsg
To
1.The Inspector of Police,
Koodalpudur Police Station,
Madurai City.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11124 of 2022
V.SIVAGNANAM, J.
vsg
ORDER IN
CRL.O.P (MD) No.11124 of 2022
23.06.2022
https://www.mhc.tn.gov.in/judis
