Madras High Court
Yasir @ Mohammed Yazzer vs The Inspector Of Police on 29 June, 2022
Crl.O.P.(MD) No.11571 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.11571 of 2022
1.Yasir @ Mohammed Yazzer
2.Mathan
3.Anvar
4.Batcha Alias Sabipulla @ Mohammed Sabiulla ... Petitioners
Vs
1.The Inspector of Police,
Pattukkottai Police Station,
Thanjavur District,
(Crime No.860 of 2021)
2.Kalibulla ...
Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
to call for the records pertaining to the case in Crime No. 860 of 2021 on
the file of the 1st respondent and quash the same.
For Petitioners : Mr. K. Dinesh
For 1st respondent : Mr. M.Sakthikumar
Government Advocate (Crl. Side)
For 2nd respondent : Mr. M. Kupan
ORDER
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Crl.O.P.(MD) No.11571 of 2022
This Criminal Original Petition has been filed to quash the FIR in
Crime No. 860 of 2021 on the file of the 1st respondent police.
2.The learned counsel appearing for the petitioners submitted that
the case has been registered against the petitioners for the offence
punishable under Sections 147, 294(b), 352, 506(2) and 427 IPC on the
file of the 1st respondent police. He would further submit that the said
dispute is relating to the administration of Jamath and now, the parties
have settled their dispute out of court.
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
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.Kannadasan, SSI of Police, Pattukkottai Town Police
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11571 of 2022
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, 294(b), 352, 506(2) and 427 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.860 of 2021 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11571 of 2022
as a sequel, the proceedings in Crime No.860 of 2021 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.
29.06.2022
Internet:Yes./No
Index:Yes/no
trp
To
1.The Inspector of Police,
Pattukkottai Police Station,
Thanjavur 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.11571 of 2022
V.SIVAGNANAM, J.
trp
ORDER IN
CRL.O.P (MD) No.11571 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
