Madras High Court
Rajkumar vs The Sub Inspector Of Police on 4 January, 2023
Crl.O.P.(MD)No.22226 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22226 of 2022
1.Rajkumar
2.Chellapandi
3.Saravanakumar
4.Musthafa ... Petitioners
Vs.
1.The Sub Inspector of Police,
Mathichiyam Police Station,
Madurai City.
(Crime No.400 of 2022)
2.Karuppiah ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to quash the FIR made in Crime No.400 of
2022 dated 26.09.2022 on the file of the first respondent police.
For Petitioners : Mr.M.Kaliraj
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.C.B.Ramalingam
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22226 of 2022
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the First
Information Report in Crime No.400 of 2022 on the file of the first
respondent police and quash the same.
2. The case of the prosecution is that on 26.09.2022 at about
09.15 p.m., the petitioners attacked the second respondent/defacto
complainant and threatened him with dire consequences.
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.400 of 2022 dated
26.09.2022 for the offences under Sections 294(b), 323, 324 and 506(2)
IPC 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.
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Crl.O.P.(MD)No.22226 of 2022
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.T.Chinnaalagu, Special Sub Inspector, Mathichiyam
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. In the instant case, the dispute is of personal in nature and now
the parties had compromised. Where the parties have compromised the
matter, the High Court has power to quash the complaint for the offences
under Sections 294(b), 323, 324 and 506(2) 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.
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Crl.O.P.(MD)No.22226 of 2022
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.400 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.400 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.
04.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22226 of 2022
To
1.The Sub Inspector of Police,
Mathichiyam Police Station,
Madurai City.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22226 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.22226 of 2022
Dated: 04.01.2023
https://www.mhc.tn.gov.in/judis
