Madras High Court
Christopher Raja vs State Through on 28 June, 2022
CRL.O.P (MD) No.11393 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.11393 of 2022
and
Crl.M.P(MD)No.7192 of 2022
Christopher Raja ... Petitioner/Accused No.1
Vs.
1.State through
The Inspector of Police,
Vaiyampatty Police Station,
Tiruchirappalli District.
(Cr.No.191 of 2022)
2.Vadivel ... 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 First Information Report in
Crime No.191 of 2022 dated 27.05.2022 on the file of the first respondent
for the offences under Sections 294(b), 506(ii) of IPC and Section 3(1)(r),
3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act 2015
and quash the same as illegal as against the petitioner alone.
For Petitioner : Mr.R.Anandharaj
For R1 : Mr.M.Sakthikumar
Government Advocate (Crl.Side)
For R2 : Mr.S.Ramasamy
1/5
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.11393 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.191 of 2022, on the file of the first respondent police.
2.The defacto complainant is a Assistant Professor in RVS College,
Dindigul. On the date of occurrence, when the defacto complainant was
returning back to his home, one Raja S/o. Kattasu, along with other
unknown accused have parked their vehicle in the road and when it was
questioned by the defacto complainant, they criminally intimidated him and
later they went to the defacto complainant's house and scolded him with
filthy language and caste name. 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
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CRL.O.P (MD) No.11393 of 2022
were also present in person before this Court and they were identified by
Ms.C.A.Dhanalakshmi, Women Constable, Vaiyampatty Police Station,
Tiruchirappalli 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 of personal in nature and the
parties had compromised. Where the parties have compromised the matter,
the High Court has power to quash the complaint for the offence under
Sections 294(b), 506(ii) IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST
(Prevention of Atrocities) Amendment Act 2015.
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
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CRL.O.P (MD) No.11393 of 2022
proceedings in Crime No.191 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.191 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.
Consequently connected miscellaneous petition is closed.
28.06.2022
Internet:Yes./No
Index:Yes/no
vsd
To
1.The Inspector of Police,
Vaiyampatty Police Station,
Tiruchirappalli District.
(Cr.No.191 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.11393 of 2022
V.SIVAGNANAM, J.
vsd
ORDER IN
CRL.O.P (MD) No.11393 of 2022
28.06.2022
https://www.mhc.tn.gov.in/judis
