Madras High Court
Sarath Kishore vs The Inspector Of Police on 2 March, 2023
Crl.O.P.(MD)No.1255 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.1255 of 2023
1.Sarath Kishore
2.Sivathanu @ Jegatheesh ... Petitioners
Vs.
1.The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari District.
(In Crime No.16/2019)
2.Vijayakumar ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, to call for the records pertaining to the
impugned charge sheet in C.C.No.267 of 2021 pending on the file of the
learned Judicial Magistrate No.1, Nagercoil, Kanyakumari District and
quash the same.
For Petitioners : Mr.L.George Paul Anto
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl. Side)
1/6
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Crl.O.P.(MD)No.1255 of 2023
For R2 : Mr.U.Munees Kumar
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders to call for the records pertaining to the
impugned charge sheet in C.C.No.267 of 2021 pending on the file of the
learned Judicial Magistrate No.1, Nagercoil, Kanyakumari District and
quash the same.
2.The case of the prosecution is that the petitioners, in a drunken
mode, abused the defacto complainant, threatened him with dire
consequences and attacked him. They have also damaged the two
wheeler of the defacto complainant.
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.16
of 2019 and after investigation and filing of the final report, the same
was taken cognizance in C.C.No.267 of 2021 on the file of the Judicial
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Crl.O.P.(MD)No.1255 of 2023
Magistrate No.1, Nagercoil, Kanyakumari District for the offences under
Sections 341, 294(b), 323, 427, 506(1) IPC against the petitioners.
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.L.Pandi, Special Sub Inspector of Police, Kanyakumari Police
Station, Kanyakumari 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
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 341, 294(b), 323, 427, 506(1) IPC.
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Crl.O.P.(MD)No.1255 of 2023
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.267 of 2021 as against the petitioners pending
before the Judicial Magistrate No.1, Nagercoil, Kanyakumari 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.267 of 2021, on the file of the Judicial Magistrate
No.1, Nagercoil, Kanyakumari District, is quashed as against the
petitioners and the joint compromise memo shall form part and parcel of
this order.
02.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gns
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Crl.O.P.(MD)No.1255 of 2023
To
1.The Judicial Magistrate No.1,
Nagercoil,
Kanyakumari District
2.The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari 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.1255 of 2023
K.MURALI SHANKAR,J.
gns
Crl.O.P.(MD)No.1255 of 2023
02.03.2023
https://www.mhc.tn.gov.in/judis
