Madras High Court
Mugesh vs The Inspector Of Police on 29 June, 2022
Crl.O.P.(MD) No.10794 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.10794 of 2022
Mugesh
... Petitioner
Vs
1. The Inspector of Police,
Uchipuli Police Station,
Ramanathapuram District.
Crime No.440 of 2021.
2. Muneeswaran
... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to quash the FIR in Crime No.440 of 2021, on the file of the first
respondent police.
For Petitioner : Mr.Mahendrarajan
For Respondents : Mr.A.Albert James (R1)
Government Advocate (Crl.Side)
Mr.S.Balasubramanian (R2)
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.10794 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.440 of 2021, on the file of the first respondent police.
2.The case of the prosecution is that on 27.10.2021, the petitioner and
other accused persons came to defacto complainant's hotel and threatened
him with knife and wooden tools. On seeing the police personnel, they ran
away from the occurrence. 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. In this case, there are totally four accused.
The petitioner is the first accused and he settled the matter with the victim.
Since the defacto complainant and the petitioner settled their issue out of
Court and the offence is being private nature, the defacto complainant did
not want to continue the criminal proceedings against this first accused.
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Crl.O.P.(MD) No.10794 of 2022
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 appeared in person before this Court and they were identified by
Mr.P.Ramamoorthy, SSI of Police, Uchipuli Police Station and as well as
the learned counsels appearing for both 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 147, 148, 294(b), 506(ii) 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.
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Crl.O.P.(MD) No.10794 of 2022
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.440 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 as a
sequel, the proceedings in Crime No.440 of 2021 on the file of the first
respondent police, is quashed insofar as the petitioner/A1 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
PNM
To
1. The Inspector of Police,
Uchipuli Police Station,
Ramanathapuram District.
Crime No.440 of 2021.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.10794 of 2022
V.SIVAGNANAM, J.
PNM
ORDER IN
CRL.O.P (MD) No.10794 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
