Muthukumar vs The Inspector Of Police
2022 Latest Caselaw 11575 Mad

                                                                      Crl.O.P.(MD) No.11110 of 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 30.06.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                            Crl.O.P.(MD) No.11110 of 2022


                     Muthukumar
                                                                                    ... Petitioner

                                                         Vs

                     1. The Inspector of Police,
                     Thiruppachethi Police Station,
                     Sivagangai District.
                     Crime No.178 of 2018..

                     2. Malaisamy                                                ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to quash the proceedings in CC.No.33 of 2019 on the file of
                     District Sessions Special Court (PCR), Sivagangai, so far as the
                     Petitioner/4th Accused.


                                     For petitioner   : Mr.C.Ezhilarasu

                                     For Respondents : Mr.A.Albert James (R1)
                                                       Government Advocate (Crl.Side)
                                                       Mr.V. Karthikeyan(R2)

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                          Crl.O.P.(MD) No.11110 of 2022




                                                           ORDER

The Criminal Original Petition has been filed to quash the Charge

Sheet in C.C.No.33 of 2019 pending on the file of the learned Judge,

District Sessions Special Court (PCR), Sivagangai, for the offences

punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC and

Section 3 of Tamil Nadu Public Property (Prevention of Damage and

Loss) Act, 19992, Sections 3(1)(r), 3(1)(s) of SC/ST (Prevention of

Atrocities) Amendment Act, 2015, in Crime No.178 of 2018.

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

28.12.2018 at about 04.45PM, the petitioner and other accused persons

came to Ambedkar Nagar in a vehicle with deadly weapons and assaulted

the defacto complainant with wooden log and abused him with caste

name and also threatened him by showing weapons, as if they will kill

them. Hence, the complaint.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11110 of 2022

3.The case is under trial. By passage of time, the parties have

decided to bury their hatchet and compromise the dispute amicably. In

this case, there are totally five accused. The petitioner is A4 and he

settled the matter with the victim. Since the defacto complainant stated

that the petitioner was not present at the scene of occurrence, he did not

want to continue the criminal proceedings against A4/petitioner. The

petitioner and the defacto complaint settled their issue out of Court.

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 Mr.V.R.Karuppaiyah, SSI of Police, Thiruppachethi 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11110 of 2022

matter, the High Court has to power to quash the complaint for the

offence under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC and

Section 3 of Tamil Nadu Public Property (Prevention of Damage and

Loss) Act, 19992, Sections 3(1)(r), 3(1)(s) 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 proceedings in C.C.No.33 of 2019 pending before the learned Judge,

District Sessions Special Court (PCR), Sivagangai, even though, the

offences involved are not compoundable in nature.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11110 of 2022

8. Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in C.C.No.33 of 2019, on the file of the

learned Judge, District Sessions Special Court (PCR), Sivagangai is

quashed against this petitioner/A4 and the terms of joint compromise

memo shall form part and parcel of this order.

30.06.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order PNM

To

1. The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

Crime No.178 of 2018..

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11110 of 2022

V.SIVAGNANAM, J.

PNM

ORDER IN

Crl.O.P.(MD) No.11110 of 2022

30.06.2022

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