Seenivasan @ Seeni @ Thongakara ... vs The State Represented By Its
2023 Latest Caselaw 1301 Mad

                                                                       Crl.O.P.(MD)No.22722 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 02.02.2023

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                            Crl.O.P.(MD)No.22722 of 2022

                     1.Seenivasan @ Seeni @ Thongakara Seeni
                     2.Ajaykumar @ Ajay
                     3.Arun Kumar @ Arun
                     4.Vigneshkumar @ Vignesh                               ... Petitioners
                                                         Vs.

                     1.The State represented by its
                       The Inspector of Police,
                       Melur Police Station,
                       Madurai District.
                       Crime No.673 of 2022.

                     2.Abdullah Beevi                                   ... Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the entire records in relating to the
                     Crime No.673 of 2022 on the file of the first respondent police under
                     Section 147, 148, 153(A), 448, 294(b), 427, 506(ii) IPC and Section 4 of
                     TNPHW Act, on 14.11.2022 and quash the same.

                                      For Petitioners    : Mr.M.Velladhurai,



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.(MD)No.22722 of 2022

                                         For R1               : Mr.M.Muthumanikkam
                                                                Government Advocate (Crl. Side)

                                         For R2               : Mr.R.Aravind Raj,


                                                            ORDER

This Criminal Original Petition has been filed, invoking Section

482 Cr.P.C., seeking orders to call for the entire records in relating to the

Crime No.673 of 2022 on the file of the first respondent police under

Sections 147, 148, 153(A), 448, 294(b), 427, 506(ii) IPC and Section 4

of TNPHW Act, on 14.11.2022 and quash the same.

2. The case of the prosecution is that due to previous enmity, the

petitioners trespassed into the defacto complainant's house and

threatened her with dire consequences. Hence, the complaint.

3. When the matter is taken up for hearing today, 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.673 of 2022, dated

14.11.2022 for the offences under Sections 147, 148, 153(A), 448,

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22722 of 2022

294(b), 427, 506(ii) IPC and Section 4 of TNPHW Act, against the

petitioners.

4. The case is still under the investigation. 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

also by their respective counsel. The petitioners and the second

respondent were also present in person before this Court and they were

identified by Mr.R.Jeyanthan, SSI, Melur Police Station 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. Where the parties have compromised the matter, the High Court

has power to quash the complaint for the offences under Sections 147,

148, 153(A), 448, 294(b), 427, 506(ii) IPC and Section 4 of TNPHW

Act.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22722 of 2022

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 Crime No.673 of 2022 pending before the first

respondent police, even though, the offences involved are not

compoundable in nature.

9. Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in Crime No.673 of 2022 on the file of the

first respondent police, is quashed and the terms of joint compromise

memo shall form part and parcel of this order.

                                                                                     02.02.2023
                     NCC               :      Yes / No
                     Index             :      Yes / No
                     Internet          :      Yes / No
                     das



https://www.mhc.tn.gov.in/judis
                                                             Crl.O.P.(MD)No.22722 of 2022




                     To

                     1.The Inspector of Police,
                       Melur Police Station,
                       Madurai District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22722 of 2022

K.MURALI SHANKAR,J.

das

Order made in Crl.O.P.(MD)No.22722 of 2022

Dated: 02.02.2023

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