Pandiyarajan vs The Inspector Of Police
2023 Latest Caselaw 199 Mad

                                                                         Crl.O.P.(MD)No.22223 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.22223 of 2022

                     1.Pandiyarajan

                     2.Pandiyarajan

                     3.Gayadhiri

                     4.Karuppayee                                             ... Petitioners


                                                         Vs.


                     1.The Inspector of Police,
                       Thiruppuvanam Police Station,
                       Sivagangai District.
                       (Crime No.123 of 2022)

                     2.Kannan                                                 ... Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records pertaining to the First
                     Information Report in Crime No.123 of 2022 dated 26.04.2022 on the
                     file of the first respondent and quash the same as illegal.



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https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD)No.22223 of 2022

                                         For Petitioners      : Mr.C.M.Arumugam

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

                                         For R2               : Mr.G.B.Kaverimani


                                                            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.123 of 2022 on the file of the first

respondent police and quash the same as illegal.

2. The case of the prosecution is that there existed previous enmity

between the parties, due to which, the petitioners assaulted the second

respondent/defacto complainant.

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.123 of 2022 dated

26.04.2022 for the offences under Sections 294(b), 323 and 324 IPC and

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22223 of 2022

Section 4 of TN Prohibition of Harassment of Women Act, 2002 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.V.R.Karuppaiah, Training Sub Inspector,

Thiruppuvanam 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22223 of 2022

under Sections 294(b), 323 and 324 IPC and Section 4 of TN Prohibition

of Harassment of Women Act, 2002.

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.123 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.123 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.22223 of 2022




                     To

                     1.The Inspector of Police,
                       Thiruppuvanam Police Station,
                       Sivagangai 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.22223 of 2022

K.MURALI SHANKAR,J.

csm

Order made in Crl.O.P.(MD)No.22223 of 2022

Dated: 04.01.2023

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