G.Bala Arun Raja vs The Sub Inspector Of Police
2022 Latest Caselaw 10934 Mad

                                                                           Crl.O.P.(MD) No.11169 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.11169 of 2022

                     1.G.Bala Arun Raja

                     2.K.Mukunthan                                             ... Petitioners

                                                            Vs



                     1.The Sub Inspector of Police,
                       Kanyakumari Police Station,
                       Kanyakumari District.

                     2.T.Kirubananthakumar                                    ... Respondents

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

                     praying to call for the records in Crime No.126 of 2022 on the file of the

                     first respondent Police and quash the FIR in Crime No.126 of 2022 on the

                     file of the first respondent police against these petitioners.

                                         For Petitioners     : Mr.S.Muthumalai Raja

                                         For 1st Respondent : Mr.M.Sakthi Kumar,
                                                             Government Advocate (Crl.Side)
                                              nd
                                         For 2 Respondent : Mr.Ka.Ramakrishnan

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD) No.11169 of 2022




                                                            ORDER

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

Crime No.126 of 2022 on the file of the first respondent Police Station.

2.The case of the prosecution is that the first petitioner is running a

finance company and while the second respondent has borrowed some loan

five years prior to the complaint and while so the petitioner has obtained

signatures from the second respondent in blank papers and cheques and has

also collected interest more than the principal amount and principal amount

also later repaid to the first petitioner. Thereafter, the petitioner has not

given back the documents and has insulted the second respondent in public

and also threatened him to life. 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11169 of 2022

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

Mr.A.Sundarapandian, SSI of Police, Kanyakumari 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 409, 420 and 503 of IPC and

Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act,

2003.

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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11169 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.126 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.126 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11169 of 2022

To

1.The Sub Inspector of Police, Kanyakumari Police Station, Kanyakumari 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.11169 of 2022

V.SIVAGNANAM, J.

vsg

ORDER IN CRL.O.P (MD) No.11169 of 2022

23.06.2022

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