M.Amutha vs The State Represented By
2023 Latest Caselaw 1210 Mad

                                                                         Crl.O.P.(MD)No.28 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 31.01.2023

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                             Crl.O.P.(MD)No.28 of 2023
                                                        and
                                             Crl.M.P(MD).No.27 of 2023

                     1.M.Amutha
                     2.Subbiah
                     3.Maharajan                                           ... Petitioners


                                                         Vs.

                     1.The State represented by
                       The Inspector of Police,
                       Thevarkularm Police Station,
                       Tirunelveli District.
                       (Crime No.87 of 2015)

                     2.Udaiyammal                                         ... Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records relating to the
                     C.C.No.14 of 2017 pending on the file of the Special Court for Land
                     Grabbing Cases, Tirunelveli and quash the same as against these
                     petitioners.



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD)No.28 of 2023



                                         For Petitioners     : Mr.G.Karuppasamy Pandian,

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

                                         For R2              : Mr.S.Gurusamy


                                                           ORDER

This Criminal Original Petition has been filed, invoking Section

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

C.C.No.14 of 2017 pending on the file of the Special Court for Land

Grabbing Cases, Tirunelveli and quash the same as against these

petitioners.

2. The case of the prosecution is that there was a wordy quarrel

between the petitioners and a complaint and the defacto complainant

with regard to the property. Hence, the complaint.

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.87

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.28 of 2023

of 2015 and after investigation and filing of the final report, the same

was taken cognizance in C.C.No.14 of 2017 on the file of the Special

Court for Land Grabbing Cases, Tirunelveli, for the offences under

Sections 465, 467, 468, 471 and 420 IPC against the accused persons, in

including 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 petitioner and the second respondent and

also by their respective counsels. The petitioner and the second

respondent are present before this Court and and they were identified by

Mr.Ashok Kumar, Head Constable 2058, Thevarkulam Police Station,

Tiruenlveli 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.28 of 2023

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 465, 467, 468, 471 and 420 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 C.C.No.14 of 2017 as against the

petitioners pending before the Special Court for Land Grabbing Cases,

Tirunelveli, even though, the offences involved are not compoundable in

nature.

9. Accordingly, this Criminal Original Petition is allowed and the

proceedings in C.C.No.14 of 2017, on the file of the Special Court for

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.28 of 2023

Land Grabbing Cases, Tirunelveli, is quashed as against the petitioners

and the joint compromise memo shall form part and parcel of this order.

Consequently, connected Miscellaneous Petitions closed.

                                                                            31.01.2023
                     NCC          :    Yes / No
                     Index        :    Yes / No
                     Internet     :    Yes / No
                     das



                     To

1.The Special Court for Land Grabbing Cases, Tirunelveli.

2.The Inspector of Police, Thevarkularm Police Station, Tirunelveli 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.28 of 2023

K.MURALI SHANKAR,J.

das

Order made in Crl.O.P.(MD)No.28 of 2023 and Crl.M.P(MD).No.27 of 2023

Dated: 31.01.2023

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