Nagarajan vs The Inspector Of Police
2022 Latest Caselaw 11209 Mad

                                                                            CRL.O.P (MD) No.11372 of 2022


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 27.06.2022

                                                           CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                              CRL.O.P (MD) No.11372 of 2022

                     Nagarajan                                       ...Petitioner/Sole Accused

                                                             Vs.


                     1.The Inspector of Police,
                       Nesamony Nagar Police Station,
                       Kanyakumari District.
                       (In Crime No.65 of 2022)                      ...1st Respondent/Complainant

                     2.Raja                                  ... 2nd Respondent/Defacto Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records pertaining to the impugned F.I.R. in Crime
                     No.65 of 2022 pending on the file of the first respondent police and to
                     quash the same as against the petitioner.


                                     For Petitioner      : Mr.J.David Ganesan
                                     For R1              : Mr.M.Sakthikumar
                                                           Government Advocate (Crl.side)

                                     For R2              : Mr.M.Karuppasamy



                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                CRL.O.P (MD) No.11372 of 2022


                                                            ORDER

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

Crime No.65 of 2022, on the file of the first respondent police.

2.The case of the prosecution is that the petitioner's brother-in-laws

wife one Santhika borrowed a sum of money from the defacto complainant's

wife and failed to repay the same. Even after several requests made, the

said Santhika did not repay the borrowed amount. The petitioner, being the

relative of the said Santhika called the defacto complainant over phone and

criminally intimidated him with filthy language. 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 petitioner and the second respondent and

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

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

https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.11372 of 2022

Mr.S.Suresh, SSI of Police, Nesamony Nagar Police Station, Kanyakumari

District. 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 with regard to the money 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) and 506 (ii) 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.65 of 2022 pending before the first respondent

police, even though, the offences involved are not compoundable in nature.

https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.11372 of 2022

8.Accordingly, this Criminal Original Petition stands allowed and as a

sequel, the proceedings in Crime No.65 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.

27.06.2022 Internet:Yes./No Index:Yes/no vsd

To

1.The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

(In Crime No.65 of 2022)

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis CRL.O.P (MD) No.11372 of 2022

V.SIVAGNANAM, J.

vsd

ORDER IN CRL.O.P (MD) No.11372 of 2022

27.06.2022

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