Madras High Court
Murugan vs The Inspector Of Police on 20 January, 2023
Crl.O.P.(MD)No.15617 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:20.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.15617 of 2022
1. Murugan,
2. Velchamy,
: Petitioners
Vs
1. The Inspector of Police,
Anti Land Grabbing Special Cell,
Thoothukudi Distirct
(Crime No. 8 of 2014).
2. Chellaiah,
: Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the above
C.C.No. 12 of 2022 on the file of the learned Judicial Magistrate, Special
Court for Land Grabbing Cases, Thoothukudi and Quash the same as
against the petitioner.
1/6
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Crl.O.P.(MD)No.15617 of 2022
For Petitioners : Mr.C.Jeganathan
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.K.Rajeswaran
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records relating to the charge
sheet in C.C.No. 12 of 2022 on the file of the learned Judicial Magistrate,
Special Court for Land Grabbing Cases, Thoothukudi and quash the
same as illegal.
2. The case of the prosecution is that the petitioners had created a
forged death certificate and executed a power deed in favour of the third
accused. Hence the complaint.
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.8 of
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Crl.O.P.(MD)No.15617 of 2022
2014 and after investigation and filing of the final report, the same was
taken cognizance in C.C.No.12 of 2022 on the file of the learned Judicial
Magistrate, Special Court for Land Grabbing Cases, Thoothukudi against
the petitioners and others for the offences under Sections 120(B), 420,
423, 465, 467, 468 and 471 IPC.
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.D.Selvadurai, Anti Land Grabbing Special Cell, Thoothukudi 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
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Crl.O.P.(MD)No.15617 of 2022
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 120(B), 420, 423, 465, 467, 468 and 471 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.12 of 2022 pending before the
learned Judicial Magistrate, Special Court for Land Grabbing Cases,
Thoothukudi, 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.12 of 2022, on the file of the learned Judicial
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Crl.O.P.(MD)No.15617 of 2022
Magistrate, Special Court for Land Grabbing Cases, Thoothukudi, is
quashed as against the petitioners and the joint compromise memo shall
form part and parcel of this order.
20.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
lr
To
1. The Inspector of Police,
Anti Land Grabbing Special Cell,
Thoothukudi Distirct
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.15617 of 2022
K.MURALI SHANKAR,J.
lr
Order made in
Crl.O.P.(MD)No.15617 of 2022
Dated:20.01.2023
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