V.Masilamani vs State
2023 Latest Caselaw 669 Mad

                                                                           Crl.O.P.(MD)No.18494 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.18494 of 2022


                     1. V.Masilamani

                     2. S.Ganesh Kumar

                     3. J.Marsalinbarnabass                     ...Petitioners/Accused Nos.1 to 3

                                                        -vs-

                     1.State, represented by its
                       The Inspector of Police,
                       Kumaragiri,
                       Pudukkottai,
                       Thoothukkudi,
                       Tamil Nadu – 628 103.                   ... 1st Respondent / Complainant

                     2.Raja                                    ... 2nd Respondent / Defacto
                                                                                   Complainant


                     PRAYER :          Criminal Original Petition filed under Section 482 of

                     Criminal Procedure Code, to call for the records pertaining to the

                     impugned F.I.R. In Crime No.571 of 2020 dated 15.11.2020 on the file

                     of the 1st respondent Police and quash the same as illegal.


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P.(MD)No.18494 of 2022

                                         For Petitioners     : Mr. R.Rajeshkumar

                                         For R1              : Mr.M.Muthumanikkam
                                                               Government Advocate (Crl. Side)

                                         For R2              : Mr. R.Siddhathan


                                                           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.571 of 2022 on the file of the first

respondent Police and quash the same as illegal.

2. The case of the prosecution is that on 14.11.2020 the accused

persons came to the second respondent's house and knocked on the door.

The second respondent opened the door and men armed with knives

threatened the second respondent and his son to get into the car. When

his wife and daughter who were in the house were screaming, they were

threatened to take second respondent's daughter away with us if they

dont get in the car and threatened them with inappropriate words and also

the accused assaulted the second respondent and her children. Hence, he

lodged a complaint.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18494 of 2022

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 about the incident alleged to have

occurred on 14.11.2022 against the petitioners and that FIR came to be

registered in Crime No.571 of 2022, for the offences under Sections

294(b), 323, 363 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18494 of 2022

was satisfied that the parties have come to an amicable settlement

between themselves.

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), 323, 363 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.571 of 2022 pending before the

first respondent police, even though, the offences involved are not

compoundable in nature.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18494 of 2022

9. Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in Crime No.571 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.

                                                                                  12.01.2023

                     NCC               :     Yes / No
                     Index             :     Yes / No
                     Internet          :     Yes / No
                     Indu

                     To

                     1.The Inspector of Police,
                       Kumaragiri,
                       Pudukkottai,
                       Thoothukkudi,
                       Tamil Nadu – 628 103.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.18494 of 2022

K.MURALI SHANKAR,J.

Indu

Order made in Crl.O.P.(MD)No.18494 of 2022

Dated:12.01.2023

https://www.mhc.tn.gov.in/judis