Madras High Court
Sikkanthar Masthan vs The Inspector Of Police on 23 June, 2022
Crl.O.P.(MD) No.11182 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.11182 of 2022
Sikkanthar Masthan ... Petitioner
Vs
1.The Inspector of Police,
Batlagundu Police Station,
Dindigul.
2.Jaffar Sathik @ Jabber Sathik
3.Kamilabanu @ Kamitha Banu ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records of impugned First Information Report in
Crime No.103 of 2022 on the file of the respondent No.1 Police Station and
quash the same.
For Petitioner : Mr.A.Abdul Kabur
1/6
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Crl.O.P.(MD) No.11182 of 2022
For 1st Respondent : Mr.M.Sakthi Kumar,
Government Advocate (Crl.Side)
For Respondents : Mr.A.Mohamed Riyaz
2 and 3
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.103 of 2022 on the file of the first respondent Police Station.
2.The case of the prosecution is that the petitioner is the son-in-law of
the respondents 2 and 3. The petitioner's younger son namely Mohamed
Akkan had passed away due to failure of the treatment, since he has fallen
from the upstairs. Thereafter, the petitioner quarreled with his wife, who is
the daughter of the respondents 2 and 3. Due to which, the respondents 2
and 3 went to the petitioner's house and questioned the same. At that time,
the petitioner abused the respondents 2 and 3 with filthy language and also
assaulted them with hands. 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.
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Crl.O.P.(MD) No.11182 of 2022
4.A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioner and the respondents 2 and 3 and
also by their respective counsel. The petitioner and the respondents 2 and 3
were also present in person before this Court and they were identified by
Mr.P.Chellamuthu, SSI of Police, Batlagundu 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 family 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 294(b), 323 and 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.
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Crl.O.P.(MD) No.11182 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.103 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.103 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.
23.06.2022
Internet:Yes./No
Index:Yes/no
vsg
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11182 of 2022
To
1.The Inspector of Police,
Batlagundu Police Station,
Dindigul.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11182 of 2022
V.SIVAGNANAM, J.
vsg
ORDER IN
CRL.O.P (MD) No.11182 of 2022
23.06.2022
https://www.mhc.tn.gov.in/judis
