Madras High Court
Pandi vs State Represented By on 1 February, 2023
Crl.O.P.(MD)No.22047 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22047 of 2022
1.Pandi
2.Muthupandi
3.Sundaram
4.Sangarapandi
5.Paramupandi
6.Sankarapandi @ Sangilipandi
7.Paulpandi
8.Muthukrishnan
9.Umaiyan @ Alagumalai
10.Starpandi @ Pandi
11.Prakash ... Petitioners
Vs.
1.State represented by
The Inspector of Police,
Saptur Police Station,
Madurai District.
(Crime No.65 of 2016)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22047 of 2022
2.S.Ananth ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records relating to the impugned
Charge Sheet in P.R.C.No.7 of 2022 on the file of the learned District
Munsif cum Judicial Magistrate, Peraiyur, Madurai District and quash
the same as illegal so far as the petitioners are concerned.
For Petitioners : Mr.A.Arputharaj
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.Sabbani Karpura Jothi
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records relating to the
impugned Charge Sheet in P.R.C.No.7 of 2022 on the file of the learned
District Munsif cum Judicial Magistrate, Peraiyur, Madurai District and
quash the same as illegal so far as the petitioners are concerned.
2. The case of the prosecution is that the petitioners went to the
second respondent's village for pooja purpose and at that time, the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22047 of 2022
petitioners were very noisy and disturbing the cattle and the public in the
village and hence, the village elders enquired the petitioners, for which,
the petitioners abused the second respondent in filthy language and
attacked him.
3. The learned counsel appearing for the petitioners would submit
that the second respondent has lodged a complaint before the first
respondent and on that basis, FIR came to be registered in Crime No.65
of 2016 and after investigation and filing of the final report, the same
was taken cognizance in P.R.C.No.7 of 2022 on the file of the District
Munsif cum Judicial Magistrate, Peraiyur, Madurai District for the
offences under Sections 147, 148, 294(b), 324 and 307 IPC against the
petitioners.
4. The case is under trial. By passage of time, the parties have
decided to bury their hatchet and compromise the dispute amicably
among themselves.
5. A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioners and the second respondent and
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22047 of 2022
also by their respective counsels. The petitioners and the second
respondent are present before this Court and and they were identified by
Mr.S.Saravana Kumar, Special Sub Inspector, Sedapatty Police Station,
Madurai District as well as by the learned counsels appearing for the
parties. This Court also enquired both the parties and was satisfied that
the parties have come to an amicable settlement between themselves.
6. 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 147, 148, 294(b), 324 and 307 IPC.
7. 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.
8. 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.7 of 2022 pending before the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22047 of 2022
District Munsif cum Judicial Magistrate, Peraiyur, Madurai District, even
though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in P.R.C.No.7 of 2022, on the file of the District Munsif
cum Judicial Magistrate, Peraiyur, Madurai District, is quashed and the
joint compromise memo shall form part and parcel of this order.
01.02.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The District Munsif cum Judicial Magistrate,
Peraiyur, Madurai District.
2.The Inspector of Police,
Saptur Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22047 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.22047 of 2022
Dated: 01.02.2023
https://www.mhc.tn.gov.in/judis
