Madras High Court
Gowthaman vs The State Rep. By on 13 June, 2022
CRL.O.P (MD) No.10332 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P (MD) No.10332 of 2022
1.Gowthaman
2.Muthiah
3.Packiaraj
4.Selvaraj
5.Singaraja ... Petitioners/Accused Nos.1 to 5
Vs
1.The State rep. by
The Inspector of Police,
Viruveedu Police Station,
Dindigul District.
(Cr.No.104 of 2022) ...1st Respondent/Complainant
2. K.Nagaraj ... 2nd Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records and quash the proceedings relating to Cr.No.
104 of 2022 pending on the file of the first respondent police.
For Petitioners : Mr.S.Muthukumar
For R1 : Mr.M.Sakthikumar
Government Advocate (Crl.side)
For R2 : Mr.M.Kubendran
1/5
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.10332 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.104 of 2022 on the file of the first respondent police.
2.The case of the prosecution is that the defacto complainant hails
from Perumalkovilpatti Village made a criminal complaint on 13.05.2022
alleging that the petitioners had gone to Perumalkovilpatti on 13.05.2022
for erecting bore well. The defacto complainant and other local people
made objection to erect bore well. The attitude of the defacto complainant
irked the petitioners. In order to take vengeance against the people of
Perumalkovilpatti, all the petitioners switched off the electricity
transformer, where the defacto complainant village get electricity supply
and blocked the road running between Senmarpaatti and Perumalkovilpatti
by laying the boulders and throne shrub across the road. Immediately the
defacto complainant informed the so called occurrence to the first
respondent police. Suddenly, the first respondent rushed to the occurrence
place and took steps to resume the electricity supply and removed the
boulders and throne shrub laid on the road. Hence, the complaint.
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CRL.O.P (MD) No.10332 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 compromised 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
Ms.Thanganila, SSI of Police, Viruveedu Police Station. This Court also
enquired both the parties and 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 143, 341 and 426 of 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
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.10332 of 2022
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.104 of 2022 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.104 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.
13.06.2022
Internet:Yes./No
Index:Yes/no
vsd
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.10332 of 2022
V.SIVAGNANAM, J.
vsd
To
1.The Inspector of Police,
Viruveedu Police Station,
Dindigul District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
ORDER IN
CRL.O.P (MD) No.10332 of 2022
13.06.2022
https://www.mhc.tn.gov.in/judis
