Madras High Court
K.Mahesh vs The State on 30 June, 2022
CRL OP(MD). No.10665 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL OP(MD). No.10665 of 2022
and
CRL MP(MD).No.6684 of 2022
K.Mahesh ... Petitioner
Vs
1.The State,
Inspector of Police,
Sawyerpuram Police Station,
Tuticorin District.
2.J.Prakash ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying this Court to call for the records in Crime No.137 of 2010 on the
file of the first respondent Police and quash the FIR in Crime No.137 of
2010 on the file of the first respondent Police against the petitioner.
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.10665 of 2022
For Petitioner : Mr.K.A.Raamakrishnan
For R-1 : Mr.M.Sakthi Kumar,
Government Advocate (Criminal Side).
For R-2 : Mr.S.Micheal Heldonkumar
ORDER
This Criminal Original Petition has been filed to quash the Crime
No.137 of 2010 on the file of the first respondent Police.
2. The facts of the case are that during the College days of the
petitioner, some petty quarrel had happened. In this incident, no one has
injured. The occurrence took place on 07.09.2010. Hence the complaint
has been preferred against the petitioner. The petitioner herein was an
accused no.7 and he was charged for offences under Sections 147, 148,
341, 294(b), 506(ii) and 307 IPC in Crime No.137 of 2010. Thus, an FIR
was registered to that effect but final report has not filed. Hence, the
Criminal Original Petition has been filed.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.10665 of 2022
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 Mr.Rajendran, SSI, Sawyerpuram Police Station, Tuticorin
District as well as the counsel for both the parties. 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 147, 148, 341, 294(b), 506(ii) and 307 of of IPC.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.10665 of 2022
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.137 of 2010 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.137 of 2010 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 stands closed.
30.06.2022
Nsr
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.10665 of 2022
To
1.The Inspector of Police,
Sawyerpuram Police Station,
Tuticorin District.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.10665 of 2022
V. SIVAGNANAM,J
Nsr
CRL OP(MD) No.10665 of 2022
30.06.2022
https://www.mhc.tn.gov.in/judis
