Madras High Court
Sekar @ Rajasekaran vs The State Represented By on 7 October, 2022
Crl.O.P.(MD) No.18024 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.10.2022
CORAM:
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.O.P.(MD) No.18024 of 2022
1.Sekar @ Rajasekaran
2.Guna @ Gunasekaran
3.Prabu
4.Balaji @ Balachandar
5.Vijayakumar
6.Thirupathi
7.Ramar @ Ramasamy ... Petitioners
Vs.
1.The State represented by
The Inspector of Police,
Town North Police Station,
Dindigul District.
(Crime No.1172 of 2016)
2.Pramila ....Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records relating to the charge sheet in P.R.C.No.67
of 2021 on the file of the learned Judicial Magistrate No.II, Dindigul and
quash the same as against the petitioners / Accused No.1 to 7.
1/6
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Crl.O.P.(MD) No.18024 of 2022
For Petitioners : Mr.C.Susi Kumar
For Respondents : Mr.S.Manikandan
Government Advocate (Crl.Side)for R.1
Mr.R.Maheswaran for R.2
ORDER
The Criminal Original Petition has been filed to quash the Charge
Sheet in P.R.C.No.67 of 2021 on the file of the learned Judicial
Magistrate No.II, Dindigul.
2. The case of the prosecution is that on 29.10.2016 at about 7.10
a.m., when the second respondent along with her family members were
watching television in her house, the petitioners along with other accused
trespassed into her house and started damaging the the house hold
articles. When the same was questioned by her and her family members
the petitioners threatened her with dire consequences, for which a case
has been registered in Crime No.1172 of 2016 and after investigation the
case has been charge sheeted in P.R.C.No.67 of 2021 on the file of the
learned Judicial Magistrate No.II, Dindigul.
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Crl.O.P.(MD) No.18024 of 2022
3. The case is under committal. By passage of time, the parties
have decided to bury their hatchet and compromise the dispute amicably
among themselves. All the accused appeared. Based upon the complaint
given by the defacto complainant FIR was lodged in Crime No.1172 of
2016 including section 3 of TNPPDL Act. P.R.C.No.67 of 2021 on the
file of the learned Judicial Magistrate No.II, Dindigul was assigned by
them. The petitioner is justifiable. The defacto complainant is justifiable.
She is not interested further to proceed with the trial.
4. This Court also enquired both the parties and was satisfied that
the parties have come to an amicable settlement between themselves. 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
5. In the instant case, the dispute between the parties have been
compromised out of court. Where the parties have compromised the
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Crl.O.P.(MD) No.18024 of 2022
matter, the High Court has to power to quash the complaint for the
offence under Sections 147, 294(b) and 448 of IPC and Section 3(1) of
the TN Public Property (PRVNT. Of Damage & Loss) Act, 1992.
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 P.R.C.No.67 of 2021 on the file of the learned
Judicial Magistrate No.II, Dindigul, 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 P.R.C.No.67 of 2021 on the file of the
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Crl.O.P.(MD) No.18024 of 2022
learned Judicial Magistrate No.II, Dindigul is quashed and the terms of
joint compromise memo shall form part and parcel of this order.
07.10.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
btr/sm
To
1.The Judicial Magistrate No.II,
Dindigul.
2.The Inspector of Police,
Town North Police Station,
Dindigul District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.18024 of 2022
T.V.THAMILSELVI, J.
btr/sm
Crl.O.P.(MD) No.18024 of 2022
07.10.2022
https://www.mhc.tn.gov.in/judis
