Madras High Court
Velmurugan vs State Represented By on 11 January, 2023
Crl.O.P.(MD)No.13987 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.13987 of 2022
and
Crl.M.P.(MD)Nos.8992 and 8993 of 2022
1.Velmurugan
2.Baskar
3.Vinothkumar
4.Karmegam
5.Pasumpon Palanisamy
6.Pethuraj ... Petitioners
Vs.
1.State represented by
The Inspector of Police,
Vilathikulam Police Station,
Thoothukudi District.
(Crime No.15 of 2018)
2.Nagendra Kannan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the
proceedings in S.C.No.189 of 2021 on the file of the I Additional District
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Crl.O.P.(MD)No.13987 of 2022
Judge, Thoothukudi, Thoothukudi District for the offences under
Sections 147, 148, 364, 342, 294(b), 307, 506(ii) IPC and to quash the
same.
For Petitioners : Mr.J.Senthil Kumar,
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.K.Selvam
ORDER
This Criminal Original Petition filed, under Section 482 Cr.P.C.,
seeking orders to call for the records pertaining to the proceedings in
S.C.No.189 of 2021 on the file of the learned I Additional District Judge,
Thoothukudi, Thoothukudi District for the offences under Sections 147,
148, 364, 342, 294(b), 307, 506(ii) IPC and to quash the same.
2. The case of the prosecution is that due to money transaction
dispute between the petitioners and the defacto complainant, the
petitioners threatened the second respondent with dire consequences and
assaulted him. Hence, the complaint.
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Crl.O.P.(MD)No.13987 of 2022
3. 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.15
of 2018 and after investigation and filing of the final report, the same
was taken cognizance in S.C.No.189 of 2021 on the file of the learned I
Additional District Judge, Thoothukudi, Thoothukudi District, for the
offences under Sections 147, 148, 364, 342, 294(b), 307, 506(ii) IPC
against the petitioners.
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 petitioners and the second respondent and
also by their respective counsels. The petitioners and the second
respondent are present before this Court and and they were identified by
M/s.G.Jothi, Training Women S.I, Vilathikulam Police Station,
Thoothukudi District as well as by the learned counsels appearing for the
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Crl.O.P.(MD)No.13987 of 2022
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 civil 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 147, 148, 364, 342, 294(b), 307, 506(ii) 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 S.C.No.189 of 2021 pending before the
learned I Additional District Judge, Thoothukudi, Thoothukudi District,
even though, the offences involved are not compoundable in nature.
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Crl.O.P.(MD)No.13987 of 2022
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in S.C.No.189 of 2021, on the file of the learned I
Additional District Judge, Thoothukudi, Thoothukudi District, is quashed
and the joint compromise memo shall form part and parcel of this order.
Consequently, connected Miscellaneous Petitions are closed.
11.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The I Additional District Judge, Thoothukudi,
Thoothukudi District.
2.The Inspector of Police,
Vilathikulam Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.13987 of 2022
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.13987 of 2022
Dated: 11.01.2023
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