Madras High Court
Chandrasekar vs The Inspector Of Police on 12 January, 2023
Crl.O.P.(MD)No.22568 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:12.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22568 of 2022
Chandrasekar ...Petitioner / Sole Accused
-vs-
1.The Inspector of Police,
Sellur Police Station,
Madurai City.
Crime No.1205 of 2022 ... 1st Respondent / Complainant
2.Kannan @ Kannarajan Ayiram ... 2nd Respondent / Defacto
Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records relating to the F.I.R. In
Crime No.1205 of 2022 dated 28.11.2020 on the file of the 1st respondent
Police and quash the same as illegal.
1/6
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Crl.O.P.(MD)No.22568 of 2022
For Petitioner : Mr. R.Gandhi
For R1 : Mr. M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr. J.Peer Mohammed
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.1205 of 2022 on the file of the first
respondent Police and quash the same as illegal.
2. The case of the prosecution is that the second respondent has
given a complaint before the first respondent Police against the petitioner
alleging that he has been working in crematorium arring final rites of
deceased at Thathaneri electric graveyard for the past three years. There
is clash between the second respondent and contractors of Thathaneri
electric grave yard and on 27.11.2022, the petitioner have abused the
second respondent in filthy language and attacked him with iron road,
thereby the second respondent sustained injuries. Hence, he lodged a
complaint.
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Crl.O.P.(MD)No.22568 of 2022
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioner would submit that the second
respondent has lodged a complaint about the incident alleged to have
occurred on 27.11.2022 against the petitioner and that FIR came to be
registered in Crime No.1205 of 2022, for the offences under Sections
294(b), 324 and 506(2) IPC on the file of the first respondent Police.
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 petitioner and the second respondent and
also by their respective counsel. The petitioner and the second
respondent were also present in person before this Court and they were
identified the first respondent Police 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.
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Crl.O.P.(MD)No.22568 of 2022
6. In the instant case, 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 294(b), 324 and 506(2)
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.1205 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.1205 of 2022 on the file of the
first respondent police, is quashed and the terms of joint compromise
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Crl.O.P.(MD)No.22568 of 2022
memo shall form part and parcel of this order.
12.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Indu
To
1.The Inspector of Police,
Sellur Police Station,
Madurai City.
Crime No.1205 of 2022
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22568 of 2022
K.MURALI SHANKAR,J.
Indu
Order made in
Crl.O.P.(MD)No.22568 of 2022
Dated:12.01.2023
https://www.mhc.tn.gov.in/judis
