Aswin Shibu vs The State Represented By
2022 Latest Caselaw 11084 Mad

                                                                           Crl.O.P.(MD) No.10431 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.10431 of 2022

                     Aswin Shibu,
                                                                                           : Petitioner

                                                            Vs

                     1. The State represented by
                     The Inspector of Police,
                     Eraniel Police Station,
                     Kanyakumari District.
                     (Crime No.344/2018).

                     2. Elvin Vinix,
                                                                                       : Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for records in C.C.No.165 of 2022, on the file of the learned
                     Judicial Magistrate Eraniel, Kanyakumari district and quash the same as
                     against this petitioner.
                                           For petitioner    : M/s.Russel Raj R,
                                         For R1              : Mr.M.Sakthi Kumar,
                                                                 Government Advocate (Crl.Side)
                                         For R2              : Mr.S.Ramakrishnan


                     1/5


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD) No.10431 of 2022


                                                            ORDER

The Criminal Original Petition has been filed to quash the Charge

Sheet in C.C.No. 165 of 2022 pending on the file of the learned Judicial

Magistrate Eraniel, Kanyakumari District, for the offences punishable under

Sections 147, 148, 341, 294(b), 427, 323, 379, 506(2), 149 and 324 of IPC,

in Crime No.344 of 2018.

2.The case of the prosecution is that due to previous enmity, the

petitioner and the other accused persons abused the petitioner with filthy

language, attacked him, caused injury, snatched his cell phone and

threatened him with dire consequences. Hence the complaint.

3.The case is under trial. 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10431 of 2022

also by their respective counsel. The petitioner and the second respondent

were also present in person before this Court and they were identified by

Mr.Kathiravan, SSI of Police, Eraniel 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 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 147, 148, 341, 294(b), 427, 323, 379, 506(2), 149 and 324 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 C.C.No.165 of 2022 pending before the learned Judicial

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10431 of 2022

Magistrate Eraniel, Kanyakumari District, 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 C.C.No.165 of 2022 pending before the learned

Judicial Magistrate Eraniel, Kanyakumari District is quashed 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, Eraniel 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.10431 of 2022

V.SIVAGNANAM, J.

lr

ORDER IN CRL.O.P (MD) No.10431 of 2022

24.06.2022

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