Madras High Court
Kannayiram vs The Deputy Superintendent Of ... on 9 January, 2023
Crl.O.P.(MD)No.22364 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22364 of 2022
and
Crl.M.P.(MD)No.15807 of 2022
1.Kannayiram
2.Pasavu @ Parasuraman
3.Sudhan @ Hariharasudhan
represented by the first petitioner
as his natural guardian/father
4.Sonai @ Sonaimuthu
5.Dravida Mani
represented by the fourth petitioner
as his natural guardian/father
6.Seeman
represented by his father Dharmalingam ... Petitioners
Vs.
1.The Deputy Superintendent of Police,
Thiruchuli,
Virudhunagar District.
1/6
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Crl.O.P.(MD)No.22364 of 2022
2.The Inspector of Police,
Narikudi Police Station,
Virudhunagar District.
(Crime No.113 of 2022)
3.Bagavath Singh ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the Crime
No.113 of 2022 on the file of the second respondent dated 05.10.2022
against these petitioners and quash the same.
For Petitioners : M/s.A.S.Rajeswari
For R1 & R2 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R3 : M/s.A.Kanchammal
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the Crime
No.113 of 2022 on the file of the second respondent dated 05.10.2022
against the petitioners and quash the same.
2. The case of the prosecution is that due to some dispute, the
petitioners attacked the third respondent/defacto complainant by using
iron pipe, abused him in filthy language and also used communal words.
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Crl.O.P.(MD)No.22364 of 2022
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the third
respondent has lodged a complaint before the second respondent and on
that basis, FIR came to be registered in Crime No.113 of 2022 dated
05.10.2022 for the offences under Sections 147, 148, 294(b), 323 and
324 IPC and Sections 3(l)(r) and 3(l)(s) of the Scheduled Caste and the
Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015
against the petitioners.
4. The learned Government Advocate (Criminal Side) appearing
for the respondents 1 and 2 would submit that after initial investigation,
the case was altered and the provisions of the SC/ST Act were deleted.
5. 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.
6. A Joint Memo of Compromise has been filed before this Court
which have been signed by the petitioners and the third respondent and
also by their respective counsel. The petitioners and the third respondent
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Crl.O.P.(MD)No.22364 of 2022
were also present in person before this Court and they were identified by
M/s.C.Samila Begum, Training Sub Inspector, Narikudi 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.
7. 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 147, 148, 294(b), 323 and 324 IPC.
8. 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.
9. 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.113 of 2022 pending before the
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Crl.O.P.(MD)No.22364 of 2022
second respondent police, even though, the offences involved are not
compoundable in nature.
10. Accordingly, this Criminal Original Petition stands allowed
and as a sequel, the proceedings in Crime No.113 of 2022 on the file of
the second respondent police, is quashed and the terms of joint
compromise memo shall form part and parcel of this order.
Consequently, connected Miscellaneous Petition is closed.
09.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Deputy Superintendent of Police,
Thiruchuli,
Virudhunagar District.
2.The Inspector of Police,
Narikudi Police Station,
Virudhunagar 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.22364 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.22364 of 2022
Dated: 09.01.2023
https://www.mhc.tn.gov.in/judis
