Madras High Court
Satham Ussain @ Satham Hussain vs The Inspector Of Police on 11 January, 2023
Crl.O.P.(MD)No.22446 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22446 of 2022
1.Satham Ussain @ Satham Hussain
2.Mohamed Asman
3.Mohamed Imran @ Ahamed Ibrahim
4.Mohamed Seeni Pulaval @ Seeni Pulavar
5.Kachi Imam Ali @ Imam Ali ... Petitioners
Vs.
1.The Inspector of Police,
R.S. Mangalam Police Station,
R.S.Mangalam,
Ramanathapuram District.
Crime No.215 of 2022.
2.Mohamed Igsanullah @ Mahamed Ikshanulla ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records relating to the FIR in
Crime No.215 of 2022 on the file of the first respondent Police and to
quash the same.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22446 of 2022
For Petitioners : Mr.K.Muthu Rakkan,
For Respondents : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
for R1.
: Mr.N.Pragalathan, for R2.
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.215 of 2022 on the file of the first
respondent police and quash the same.
2. The case of the prosecution is that due to previous enmity
between the petitioners and the defacto complainant, the petitioners
assaulted the defacto complainant and also abused his month in filthy
language. Hence, he lodged a complaint.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the second
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22446 of 2022
respondent has lodged a complaint before the first respondent and on that
basis, FIR came to be registered in Crime No.215 of 2022 dated
07.08.2022 for the offences under Sections 147, 148, 294(b), 323, 324,
448, 427 and 506(ii) IPC and Section 4 of Tamil Nadu 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.S.Paranjothi, Head Constable 325, R.S.Mangalam
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22446 of 2022
6. 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, 448, 427 and 506(ii) IPC and Section 4 of Tamil
Nadu 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.215 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.215 of 2022 on the file of the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22446 of 2022
first respondent police, is quashed and the terms of joint compromise
memo shall form part and parcel of this order.
11.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The Inspector of Police,
R.S. Mangalam Police Station,
R.S.Mangalam,
Ramanathapuram 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.22446 of 2022
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.22446 of 2022
Dated: 11.01.2023
https://www.mhc.tn.gov.in/judis
