Stephen Arputharaj vs The State Represented By
2023 Latest Caselaw 1736 Mad

                                                                      Crl.O.P.(MD)No.3815 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.3815 of 2023

                     1.Stephen Arputharaj

                     2.Lawrance Kirubaharan

                     3.Robert

                     4.Jegan

                     5.Paulthinakaran

                     6.Hilbert @ Kilbert

                     7.John @ John David

                     8.Jagatheesh

                     9.Thaveethu Mani                                        ... Petitioners

                                                        Vs.

                     1.The State represented by
                       The Inspector of Police,
                       Panagudi Police Station,
                       Tirunelveli District.
                       In Crime No.191/2021

                     2.Thangadinakaran                                       ... Respondents

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.(MD)No.3815 of 2023




                     PRAYER :             Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records relating to the FIR in
                     Crime No.191 of 2021 dated 07.04.2021 on the file of the first
                     respondent and quash the same against the petitioners concern.



                                         For Petitioners     : Mr.R.Maheswaran

                                         For R1              : Mr.M.Muthumanikkam
                                                               Government Advocate (Crl. Side)

                                         For R2              : Mr.C.Susi Kumar




                                                           ORDER

This Criminal Original Petition has been filed, invoking Section

482 Cr.P.C., seeking orders to call for the records relating to the FIR in

Crime No.191 of 2021 dated 07.04.2021 on the file of the first

respondent and quash the same against the petitioners.

2.The case of the prosecution is that due to political issue, the

petitioners assaulted the defacto complainant with weapons.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3815 of 2023

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.191 of 2021 dated

07.04.2021 for the offences under Sections 147, 294(b), 323, 324, 506(2)

IPC 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.

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.P.Jeyapandi Selvin, Special Sub Inspector of Police,

Panagudi Police Station, Tirunelveli District as well as by the learned

counsels appearing for the parties. This Court also enquired both the

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3815 of 2023

parties and was satisfied that the parties have come to an amicable

settlement between themselves.

6.In the instant case, it is a political 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 147, 294(b), 323, 324, 506(2) 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.191 of 2021 pending before the first

respondent police, even though, the offences involved are not

compoundable in nature.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3815 of 2023

9.Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in Crime No.191 of 2021 on the file of the

first respondent police, is quashed and the terms of joint compromise

memo shall form part and parcel of this order.

                                                                                       02.03.2023
                     NCC               :     Yes / No
                     Index             :     Yes / No
                     Internet          :     Yes / No
                     gns




                     To

                     1.The Inspector of Police,
                       Panagudi Police Station,
                       Tirunelveli 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.3815 of 2023

K.MURALI SHANKAR,J.

gns

Crl.O.P.(MD)No.3815 of 2023

02.03.2023

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