Madras High Court
A.Esakkai Pandi vs State Rep.By on 1 March, 2023
Crl.O.P.(MD)No.1334 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.03.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.1334 of 2022
and Crl.M.P.(MD)Nos.974 & 975 of 2022
A.Esakkai pandi ... Petitioner
Vs.
1.State Rep.by
Sub-Inspector of Police,
Ambasamudram Police Station,
Ambasamudram,
Tirunelveli District.
2.Kannappan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, to call for the records pertaining to the charge
sheet dated 01.10.2016 (brought before the Court on 09.07.2021) in
PRC.No.19 of 2021 on the file of the learned Judicial Magistrate Court,
Ambasamuthiram, Tirunelveli District which was filed against the
petitioner and quash the same as illegal.
For Petitioner : Mr.V.Rajiv Rufus
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1334 of 2022
For R2 : Mr.B.Micheal Sebastin
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the
charge sheet dated 01.10.2016 in PRC.No.19 of 2021 on the file of the
learned Judicial Magistrate Court, Ambasamuthiram, Tirunelveli District
which was filed against the petitioner and quash the same as illegal.
2.The case of the prosecution is that on 10.06.2015, the petitioner
and other accused assembled in the street and committed riots with
deadly weapons and when they came to know that one of the person from
their community was attacked by someone, they have damaged the
asbestos roof of defacto complainant's house.
3.The learned counsel appearing for the petitioner 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.127
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Crl.O.P.(MD)No.1334 of 2022
of 2015 and after investigation and filing of the final report, the same
was taken cognizance in PRC.No.19 of 2021 on the file of the Judicial
Magistrate Court, Ambasamudram, Tirunelveli District for the offences
under Sections 147, 148 IPC and Section 3 of TNPPDL Act against 40
persons including the petitioner.
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 petitioner and the second respondent and
also by their respective counsels. The petitioner and the second
respondent are present before this Court and and they were identified by
Mr.A.Gajendran, Head Constable-707, Ambasamudram 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.
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Crl.O.P.(MD)No.1334 of 2022
6.In the instant case, the dispute is of personal 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 147, 148 IPC and Section 3 of TNPPDL Act.
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 PRC.No.19 of 2021 as against the petitioner pending
before the Judicial Magistrate Court, Ambasamudram, Tirunelveli
District, even though, the offences involved are not compoundable in
nature.
9.Accordingly, this Criminal Original Petition is allowed and the
proceedings in PRC.No.19 of 2021, on the file of the Judicial Magistrate
Court, Ambasamudram, Tirunelveli District, is quashed as against the
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Crl.O.P.(MD)No.1334 of 2022
petitioner and the joint compromise memo shall form part and parcel of
this order. Consequently, connected miscellaneous petitions are closed.
01.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gns
To
1.The Judicial Magistrate Court,
Ambasamudram,
Tirunelveli District.
2.The Sub-Inspector of Police,
Ambasamudram Police Station,
Ambasamudram,
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.1334 of 2022
K.MURALI SHANKAR,J.
gns
Crl.O.P.(MD)No.1334 of 2022
01.03.2023
https://www.mhc.tn.gov.in/judis
