Madras High Court
S.Ravichandran vs The Inspector Of Police on 23 January, 2023
Crl.O.P.(MD)Nos.15052 & 17096 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)Nos.15052 & 17096 of 2022
and
Crl.M.P.(MD)No.9843 of 2022
S.Ravichandran ... Petitioner
(in Crl.O.P.(MD)
No.15052 of 2022)
Ganapathi Subburam ... Petitioner
(in Crl.O.P.(MD)
No.17096 of 2022)
Vs.
1.The Inspector of Police,
Soolakarai Police Station,
Virudhunagar District.
(Crime No.118 of 2022)
2.Kathirvel ... Respondents
(in both petitions)
COMMON PRAYER : Criminal Original Petition filed under Section
482 of Criminal Procedure Code, to call for the records pertaining to the
First Information Report in Crime No.118 of 2022 dated 16.06.2022 on
the file of the first respondent and quash the same as illegal.
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Crl.O.P.(MD)Nos.15052 & 17096 of 2022
(in both petitions)
For Petitioner : Mr.C.M.Arumugam
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.V.Sundarraj
COMMON ORDER
These Criminal Original Petitions have been filed, invoking
Section 482 Cr.P.C., seeking orders to call for the records pertaining to
the First Information Report in Crime No.118 of 2022 dated 16.06.2022
on the file of the first respondent and quash the same as illegal.
2. The case of the prosecution is that the petitioner in Crl.O.P.
(MD)No.15052 of 2022, who was working as Zonal Deputy Tahsildar
and the petitioner in Crl.O.P.(MD)No.17096 of 2022, who was working
as Village Administrative Officer along with the first accused had
created forged documents in respect of the second respondent's property
and by using that the first accused had executed a sale deed in favour of
the second accused.
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Crl.O.P.(MD)Nos.15052 & 17096 of 2022
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that on the basis of
the direction issued by the learned Judicial Magistrate No.II,
Virudhunagar, the first respondent registered an FIR in Crime No.118 of
2022 dated 16.06.2022 for the offences under Sections 420, 465, 468,
471 and 120B IPC against the four persons including the petitioners. He
would further submit that the sale deed executed by the first accused in
favour of the second accused was already cancelled.
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 petitioners and the second respondent and
also by their respective counsel. The petitioners and the second
respondent were also present in person before this Court and they were
identified by Mr.K.Pushparaj, Special Sub Inspector, Soolakarai Police
Station as well as by the learned counsels appearing for the parties. This
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Crl.O.P.(MD)Nos.15052 & 17096 of 2022
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, it is a property dispute and 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 420, 465, 468, 471 and 120B 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.118 of 2022 as against the
petitioners pending before the first respondent police, even though, the
offences involved are not compoundable in nature.
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Crl.O.P.(MD)Nos.15052 & 17096 of 2022
9. Accordingly, these Criminal Original Petitions stand allowed
and as a sequel, the proceedings in Crime No.118 of 2022 as against the
petitioners on the file of the first respondent police, is quashed and the
terms of joint compromise memos shall form part and parcel of this
order. Consequently, connected Miscellaneous Petition is closed.
23.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Inspector of Police,
Soolakarai Police Station,
Virudhunagar District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)Nos.15052 & 17096 of 2022
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)Nos.15052 & 17096 of 2022
and
Crl.M.P.(MD)No.9843 of 2022
Dated: 23.01.2023
https://www.mhc.tn.gov.in/judis
