Rajasekar vs The Inspector Of Police
2022 Latest Caselaw 11615 Mad

                                                                       Crl.O.P.(MD) No.10914 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.10914 of 2022


                     1. Rajasekar

                     2. Karuppaiah @ Chandru

                     3. Victor Vijayan
                                                                                    ... Petitioners

                                                          Vs

                     1. The Inspector of Police,
                     Aranthangi Police Station,
                     Pudukottai District.
                     Crime No. 270 of 2022.

                     2. Sathish Kumar
                                                                                  ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to quash the FIR in Crime No.270 of 2022, on the file of the first
                     respondent police.
                                          For Petitioners : Mr.T. Lenin Kumar
                                          For Respondents : Mr.A.Albert James (R1)
                                                           Government Advocate (Crl.Side)
                                                           Mr.D.Venkatesh (R2)

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.10914 of 2022




                                                            ORDER

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

Crime No.270 of 2022, on the file of the first respondent police.

2.The case of the prosecution is that on 12.05.2022 at about 10PM,

when the second respondent along with one Karthikeyan and Hariharan was

having dinner, the petitioners pulled them up for quarrel. At that time the

petitioners assaulted the second respondent and took away 10 sovereigns of

gold ornament worn by 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 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10914 of 2022

Mr.A.Veeramuthu, SI of Police, Aranthangi 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 matter,

the High Court has to power to quash the complaint for the offence under

Sections 294(b), 324, 506(i) & 379 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.270 of 2022 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.10914 of 2022

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

sequel, the proceedings in Crime No.270 of 2022 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.

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

To

1. The Inspector of Police, Aranthangi Police Station, Pudukottai District.

Crime No. 270 of 2022.

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

V.SIVAGNANAM, J.

PNM

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.10914 of 2022

ORDER IN CRL.O.P (MD) No.10914 of 2022

30.06.2022

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