Ranjith vs The Inspector Of Police
2022 Latest Caselaw 11612 Mad

                                                                      Crl.O.P.(MD) No.11024 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.11024 of 2022

                     Ranjith
                                                                                     ... Petitioner

                                                          Vs

                     1. The Inspector of Police,
                     Lalgudi Police Station, Trichy District
                     (Crime No. 276 of 2021).

                     2. Ranjith
                                                                                 ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to quash the FIR in Crime No.276 of 2021, on the file of the first
                     respondent police.
                                          For petitioner : Mr.P.Venkatesan
                                          For Respondents : Mr.A.Albert James (R1)
                                                           Government Advocate (Crl.Side)
                                                           Mr.K. Vijaya Kumar(R2)




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.11024 of 2022


                                                            ORDER

This Criminal Original Petition has been filed to quash the FIR in

Crime No.276 of 2021, on the file of the first respondent police.

2.The case of the prosecution is that due to land dispute, on

16.04.2021, the petitioner abused the second respondent using the caste

name and assaulted him with bike key and also criminally threatened him.

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

were also present in person before this Court and they were identified by

Mr.J.Ranjith, Grade I Constable, Lalgudi Police Station, Trichy. This Court

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11024 of 2022

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 294(b), 323, 324, 506(i)IPC and Section 3(1)(r), 3(1)(s) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989.

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.276 of 2021 pending before the first respondent

police, even though, the offences involved are not compoundable in nature.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.11024 of 2022

8.Accordingly, this Criminal Original Petition stands allowed and as a

sequel, the proceedings in Crime No.276 of 2021 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.

30.06.2022 Internet:Yes./No Index:Yes/no PNM

To

1.The Inspector of Police, Lalgudi Police Station, Trichy District (Crime No. 276 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.11024 of 2022

V.SIVAGNANAM, J.

PNM

ORDER IN CRL.O.P (MD) No.11024 of 2022

30.06.2022

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