Madras High Court
Jeyakumar vs State Represented By on 5 January, 2023
Crl.O.P.(MD)No.22205 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22205 of 2022
Jeyakumar ... Petitioner
Vs.
1.State represented by
The Inspector of Police,
Thiruvegampet Police Station,
Sivagangai District.
(Crime No.4 of 2022)
2.Karuppaiah ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records relating to the impugned
Charge Sheet in C.C.No.126 of 2022 on the file of the learned Judicial
Magistrate Court, Devakottai, Sivagangai District and quash the same as
illegal so far as the petitioner is concerned.
For Petitioner : Mr.K.Sivabalan
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.E.Balasubramani
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22205 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
proceedings in C.C.No.126 of 2022 on the file of the learned Judicial
Magistrate, Devakottai, Sivagangai District and quash the same as
against the petitioner.
2. The case of the prosecution is that when the petitioner and the
other accused were fishing in the pond, the second respondent/defacto
told them not to fish in the public pond, for which, the accused persons
scolded the second respondent in filthy language and that thereafter, on
21.01.2022, the accused persons attacked the second respondent and
threatened him with dire consequences.
3. The learned counsel appearing for the petitioner 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.4 of
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Crl.O.P.(MD)No.22205 of 2022
2022 and after investigation and filing of the final report, the same was
taken cognizance in C.C.No.126 of 2022 on the file of the Judicial
Magistrate, Devakottai, Sivagangai District for the offences under
Sections 294(b), 323 and 506(2) IPC against three persons including the
petitioner/third accused.
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
M/s.R.Sathiya Jothi, Women Head Constable 1724, Thiruvegampet
Police Station, Sivagangai 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.
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Crl.O.P.(MD)No.22205 of 2022
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 294(b), 323 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.
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.126 of 2022 as against the
petitioner pending before the Judicial Magistrate, Devakottai, Sivagangai
District, 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.126 of 2022, on the file of the Judicial
Magistrate, Devakottai, Sivagangai District, is quashed as against the
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Crl.O.P.(MD)No.22205 of 2022
petitioner and the joint compromise memo shall form part and parcel of
this order.
05.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Judicial Magistrate,
Devakottai, Sivagangai District.
2.The Inspector of Police,
Thiruvegampet Police Station,
Sivagangai 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.22205 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.22205 of 2022
Dated: 05.01.2023
https://www.mhc.tn.gov.in/judis
