Lakshmi vs State Represented By
2023 Latest Caselaw 950 Mad

                                                                            Crl.O.P.(MD)No.447 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 24.01.2023

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                               Crl.O.P.(MD)No.447 of 2023

                     1.Lakshmi
                     2.Sankar                                            ... Petitioners
                                                          Vs.

                     1.State represented by
                       The Inspector of Police,
                       Gangaikondan Police Station,
                       Tirunelveli District.
                       (Crime No.48 of 2019)

                     2.Avu Raja                                       ... Respondents
                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records pertaining to the
                     C.C.No.1751 of 2022 on the file of the learned Judicial Magistrate Court
                     No.III, Tirunelveli and quash the proceedings as against the petitioners
                     herein.

                                      For Petitioners   : Mr.A.Sanakararamasubramanian,

                                      For R1            : Mr.R.Sivakumar,
                                                          Government Advocate (Crl. Side)

                                      For R2        : Mr.C.Saravanakumar,


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD)No.447 of 2023

                                                           ORDER

This Criminal Original Petition has been filed, invoking Section

482 Cr.P.C., seeking orders to call for the records pertaining to the

C.C.No.1751 of 2022 on the file of the learned Judicial Magistrate Court

No.III, Tirunelveli and quash the proceedings as against the petitioners

herein.

2. The case of the prosecution is that there existed civil dispute

between the petitioners and the defacto complainant, due to which, the

petitioners assaulted the defacto complainant and also threatened him

with dire consequences. 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.48

of 2019 and after investigation and filing of the final report, the same

was taken cognizance in C.C.No.1751 of 2022 on the file of the Judicial

Magistrate No.III, Tirunelveli, for the offences under Sections 294(b),

352 and 506(ii) IPC, against the petitioners.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.447 of 2023

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

M.Arumugam, S.S.I, Gangaikondan Police Station, Tirunelveli District

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 civil in nature and the 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 294(b), 352 and 506(ii) 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.447 of 2023

(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.1751 of 2022 as against the

petitioners pending before the learned Judicial Magistrate No.III,

Tirunelveli District, 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.1751 of 2022, on the file of the learned Judicial

Magistrate No.III, Tirunelveli District, is quashed as against the

petitioners and the joint compromise memo shall form part and parcel of

this order.

24.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No das

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.447 of 2023

To

1.The Judicial Magistrate No.III, Tirunelveli District.

2.The Inspector of Police, Gangaikondan Police Station, Tirunelveli 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.447 of 2023

K.MURALI SHANKAR,J.

das

Order made in Crl.O.P.(MD)No.447 of 2023

Dated: 24.01.2023

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