Madras High Court
Nararesh Kumar vs The State Through Represented By on 9 January, 2023
Crl.O.P.(MD)No.22215 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.22215 of 2022
1.Nararesh Kumar
2.M.Kathiravan
3.Rajanayagam ... Petitioners
Vs.
1.The State through represented by
The Inspector of Police,
Nagamalai Pudukottai Police Station,
Madurai.
(Crime No.376 of 2022)
2.Karthik ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the
proceedings in Crime No.376 of 2022 on the file of the first respondent
police and quash the same as illegal and arbitrary in so far as the
petitioners/accused 1 to 3.
1/6
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Crl.O.P.(MD)No.22215 of 2022
For Petitioners : Mr.L.M.Vijai Boominathan
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.A.Boovan
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 Crime No.376 of 2022 on the file of the first respondent
police and quash the same.
2. The case of the prosecution is that on 07.11.2022 at about
2.30 p.m., the petitioners came to the house of the second respondent/
defacto complainant and attacked the second respondent's brother,
abused him in filthy language and also 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
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Crl.O.P.(MD)No.22215 of 2022
basis, FIR came to be registered in Crime No.376 of 2022 dated
07.11.2022 for the offences under Sections 294(b), 323 and 506(1) 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.
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, the second respondent
and the victim, who is the brother of the second respondent, were also
present in person before this Court and they were identified by Mr.P.Arul
Pandi, Special Sub Inspector, Nagamalai Pudukkottai 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
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Crl.O.P.(MD)No.22215 of 2022
matter, the High Court has power to quash the complaint for the offences
under Sections 294(b), 323 and 506(1) 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 Crime No.376 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.376 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.
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.22215 of 2022
To
1.The Inspector of Police,
Nagamalai Pudukottai Police Station,
Madurai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22215 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.22215 of 2022
Dated: 09.01.2023
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