Madras High Court
Sathish vs The Inspector Of Police on 24 January, 2023
Crl.O.P.(MD)No.23095 of 2022
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.23095 of 2022
1.Sathish
2.Mallan
3.Mohanraj
4.Janagaraj @ Janakaraj
5.Sampath
6.Vijay
7.Saravanan
8.Lakshmi Kanth
9.Prasanth
10.Kumaresan
[email protected] Sowndhararajan
12.Saravanan
13.Saminathan
14.Ramaraj
15.Vignesh
16.Ramachandran ... Petitioners
Vs.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.23095 of 2022
1.The Inspector of Police,
Thottiyam Police Station,
Thottiyam, Trichy District.
Crime No.354 of 2021.
2.Manikandan
3.Kumaravel ... Respondents
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.354 of 2021 on the file of the first
respondent Police and quash the same as illegal as against the
petitioners/A1 to A16.
For Petitioners : Mr.K.Arunraj,
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
For R2 : Mr.Anandraj,
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.354 of 2021 on the file of the first
respondent Police and quash the same as illegal as against the
petitioners/A1 to A16.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.23095 of 2022
2. The case of the prosecution is that there existed dispute between
the parties with regard to the Diwali celebration and bursting crackers,
due to which, the petitioners assaulted the defacto complainant and his
father and also threatened them with dire consequences. Hence, the
complaint.
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 before the first respondent and on that
basis, FIR came to be registered in Crime No.354 of 2021, dated
04.11.2021 for the offences under Sections 147, 294(b), 323, 506(i) IPC,
IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women
Act, 2002, against the petitioners.
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.23095 of 2022
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 and third
respondents were also present in person before this Court and they were
identified by Mr.Jeyamurugan, Grade-I 228, Thottiyam Police Station 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. Where the parties have compromised the matter, the High Court
has power to quash the complaint for the offences under Sections 147,
294(b), 323, 506(i) IPC, IPC and Section 4 of Tamil Nadu Prohibition of
Harassment of Women Act, 2002.
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.23095 of 2022
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.354 of 2021 pending before the
first respondent police, even though, the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.354 of 2021 on the file of the
first respondent police, is quashed as against the petitioners and the terms
of joint compromise memo shall form part and parcel of this order.
24.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The Inspector of Police,
Thottiyam Police Station,
Thottiyam, Trichy District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.23095 of 2022
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.23095 of 2022
Dated: 24.01.2023
https://www.mhc.tn.gov.in/judis
