Madras High Court
Ali Batcha vs The State Represented By on 9 January, 2023
Crl.O.P.(MD)No.22337 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.22337 of 2022
1.Ali Batcha
2.Mansur Ali ... Petitioners
Vs.
1.The State represented by
The Inspector of Police,
Aravakuruchi Police Station,
Karur District.
(Crime No.381 of 2022)
2.P.Manikandan
3.M.Kavin @ Kavinkumar ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records relating to Crime No.
381 of 2022 on the file of the Inspector of Police, Aravakuruchi Police
Station, Karur District and quash the same.
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Crl.O.P.(MD)No.22337 of 2022
For Petitioners : Mr.T.Balakrishnan
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 & R3 : Mr.R.Mathiyalagan
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records relating to Crime
No.381 of 2022 on the file of the first respondent and quash the same.
2. The case of the prosecution is that on 14.11.2022, a TATA Ace
vehicle, which was driven by the second respondent, dashed against the
first petitioner's auto, due to that, a wordy quarrel arose between them
and thereafter, the petitioners assaulted the respondents 2 and 3 and
threatened them 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.381 of 2022 dated
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Crl.O.P.(MD)No.22337 of 2022
14.11.2022 for the offences under Sections 147, 148, 294(b), 323, 324
and 506(2) IPC against the petitioners and some other accused.
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 respondents 2 and 3
and also by their respective counsel. The petitioners and the respondents
2 and 3 were also present in person before this Court and they were
identified by Mr.R.Panneer Selvam, Head Constable 1170, Aravakuruchi
Police Station, Karur 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, 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, 324 and 506(2) IPC.
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Crl.O.P.(MD)No.22337 of 2022
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.381 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.381 of 2022 on the file of the
first respondent police, is quashed as against the petitioners and the terms
of joint compromise memo shall form part and parcel of this order.
09.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22337 of 2022
To
1.The Inspector of Police,
Aravakuruchi Police Station,
Karur 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.22337 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.22337 of 2022
Dated: 09.01.2023
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