Madras High Court
Rajendramoorthy vs The Inspector Of Police on 31 January, 2023
Crl.O.P.(MD)No.22199 of 2022
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.22199 of 2022
1.Rajendramoorthy
2.Sureshkumar ... Petitioners
Vs.
1.The Inspector of Police,
Kenikkarai Police Station,
Ramanathapuram District.
(Crime No.109 of 2016)
2.Angusamy ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records and quash the charge
sheet in S.C.No.55 of 2019, on the file of the learned Chief Judicial
Magistrate, Ramanathapuram.
For Petitioners : Mr.G.Vishnuram,
For R1 : Mr.SS.Madhavan,
Government Advocate (Crl. Side)
For R2 : Mr.Dinesh Hari Sudharsan
1/6
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Crl.O.P.(MD)No.22199 of 2022
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders, to call for the records and quash the charge
sheet in S.C.No.55 of 2019, on the file of the learned Chief Judicial
Magistrate, Ramanathapuram.
2. The case of the prosecution is that there was a family dispute
between the petitioners and the defacto complainant, due to which, the
petitioners attacked the defacto complainant and caused injuries. 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.109
of 2016 and after investigation and filing of the final report, the same
was taken cognizance in S.C.No.55 of 2019 on the file of the learned
Chief Judicial Magistrate, Ramanathapuram, for the offences under
Sections 294(b) and 307 IPC against three persons, including the
petitioners. He would further submit that the third accused had died.
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Crl.O.P.(MD)No.22199 of 2022
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 petitioners and the second
respondent are present before this Court and and they were identified by
Mr.S.Thirumurugakannan, Head Constable 907, Kenikkarai Police
Station, Ramanathapuram 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, it is a family dispute and now 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
294(b) 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
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Crl.O.P.(MD)No.22199 of 2022
(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 S.C.No.55 of 2019 as against the
petitioners pending before the learned Chief Judicial Magistrate,
Ramanathapuram, even though, the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in S.C.No.55 of 2019, on the file of the learned Chief
Judicial Magistrate, Ramanathapuram, is quashed as against these
petitioners and the joint compromise memo shall form part and parcel of
this order.
31.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22199 of 2022
To
1.The Chief Judicial Magistrate,
Ramanathapuram.
2.The Inspector of Police,
Kenikkarai Police Station,
Ramanathapuram 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.22199 of 2022
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.22199 of 2022
Dated: 31.01.2023
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