Muralidharan vs State Represented By
2023 Latest Caselaw 697 Mad

                                                                      Crl.O.P.(MD)No.22573 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.22573 of 2022

                     1.Muralidharan

                     2.Khan Mohamed

                     3.Natarajan

                     4.V.R.Ramesh

                     5.Rabeek Mydeen                                       ... Petitioners

                                                         Vs.

                     1.State represented by
                       The Inspector of Police,
                       District Crime Branch,
                       Dindigul District.
                       (Crime No.66 of 2011)

                     2.Dharmar                                             ... Respondents

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records relating to case in
                     C.C.No.17 of 2019 on the file of the Special Judicial Magistrate, Special
                     Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash
                     the same.


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD)No.22573 of 2022

                                         For Petitioners       : Mr.K.R.Baduruszaman

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

                                         For R2                : Mr.M.Gandhirajan


                                                            ORDER

This Criminal Original Petition has been filed, invoking Section

482 Cr.P.C., seeking orders to call for the records relating to case in

C.C.No.17 of 2019 on the file of the Special Judicial Magistrate, Special

Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash

the same.

2. The case of the prosecution is that the petitioners obstructed the

second respondent/defacto complainant from doing cultivation in his

land and damaged the coconut trees and threatened the second

respondent with dire consequences.

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.66

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22573 of 2022

of 2011 and after investigation and filing of the final report, the same

was taken cognizance in C.C.No.17 of 2019 on the file of the Special

Judicial Magistrate, Special Court for Exclusive Trial of Land Grabbing

Cases, Madurai for the offences under Sections 120(b), 147, 341, 427,

447, 294(b) and 506(1) 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

Mr.R.Siva Kumar, Special Sub Inspector, Anti Land Grabbing Special

Cell, Dindigul 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 the

parties had compromised. Where the parties have compromised the

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22573 of 2022

matter, the High Court has to power to quash the complaint for the

offence under Sections 120(b), 147, 341, 427, 447, 294(b) 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 C.C.No.17 of 2019 pending before the J

Special Judicial Magistrate, Special Court for Exclusive Trial of Land

Grabbing Cases, Madurai, even though, the offences involved are not

compoundable in nature.

9. Accordingly, this Criminal Original Petition is allowed and the

proceedings in C.C.No.17 of 2019, on the file of the Special Judicial

Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases,

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22573 of 2022

Madurai, is quashed and the joint compromise memo shall form part and

parcel of this order.

                                                                            12.01.2023
                     NCC          :      Yes / No
                     Index        :      Yes / No
                     Internet     :      Yes / No
                     csm



                     To

                     1.The Special Judicial Magistrate,

Special Court for Exclusive Trial of Land Grabbing Cases, Madurai.

2.The Inspector of Police, District Crime Branch, Dindigul District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22573 of 2022

K.MURALI SHANKAR,J.

csm

Order made in Crl.O.P.(MD)No.22573 of 2022

Dated: 12.01.2023

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