Anand vs The Inspector Of Police
2022 Latest Caselaw 11051 Mad

                                                                         Crl.O.P.(MD) No.10782 of 2022


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 24.06.2022

                                                       CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                          CRL.O.P (MD) No.10782 of 2022

                     1. Anand,

                     2. Prabhu,

                     3. Venkatramani,
                                                                                        : Petitioners

                                                           Vs

                     1. The Inspector of Police,
                     City Crime Branch,
                     Trichy City,
                     Crime No.12/2022.

                     2. Ramesh,
                                                                                     : Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records pertaining to the FIR in Crime No.12/2022 on
                     the file of the Inspector of Police city crime branch trichy city and quash the
                     same.




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https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.10782 of 2022


                                              For Petitioners    : M/s.Sathya Chidambaram S,
                                              For R1              : Mr.A.Albert James,
                                                                  Government Advocate (Crl.Side)

                                                            ORDER

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

Crime No.12/2022 on the file of the Inspector of Police, City Crime Branch

Trichy City

2.The case of the prosecution is that due to money dispute, the

defacto complainant lodged a complaint against the petitioners and for the

same, FIR has been registered in Crime No.12 of 2022, for the offences

under Sections 417, 420 and 506(i) IPC.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10782 of 2022

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.R.Aynian, Special Sub Inspector of Police, City Crime Branch, Trichy

City as well as by the learned Counsels appearing on both the sides. 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 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 417, 420 and 506(i) 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10782 of 2022

proceedings in Crime No.12 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.12 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.

24.06.2022 Internet:Yes./No Index:Yes/no lr

To

1. The Inspector of Police, City Crime Branch, Trichy 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.10782 of 2022

V.SIVAGNANAM, J.

lr

ORDER IN CRL.O.P (MD) No.10782 of 2022

24.06.2022

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