Antony Mathankumar vs The State Represented By
2023 Latest Caselaw 1820 Mad

                                                                          Crl.O.P.(MD)No.2483 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 03.03.2023

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                             Crl.O.P.(MD)No.2483 of 2023

                     Antony Mathankumar                                       ... Petitioner/
                                                                                  Accused

                                                         Vs.

                     1.The State represented by
                       The Sub Inspector of Police,
                       Jeyamangalam Police Station,
                       Theni District.
                       (Crime No.35 of 2022)                                  ... 1st Respondent/
                                                                                  Complainant

                     2.Prabu                                                  ... 2nd Respondent/
                                                                                  Defacto
                                                                                  Complainant

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records in the case in Crime No.
                     35 of 2022 on the file of the first respondent police and quash the same
                     as illegal, violation of law.
                                      For Petitioner     : Mr.M.Muthupandi

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

                                      For R2             : Mr.V.Sridhar

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD)No.2483 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 First

Information Report in Crime No.35 of 2022 on the file of the first

respondent police and quash the same.

2. The case of the prosecution is that the petitioner had driven an

auto in a high speed and dashed against the second respondent/defacto

complainant's goats and when the same was questioned by the second

respondent, the petitioner had abused him in filthy language and also

attacked him.

3. When the matter is taken up for hearing today, 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.35 of 2022 dated

22.02.2022 for the offences under Sections 294(b), 323 and 506(1) IPC

against the petitioner.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.2483 of 2023

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 petitioner and the second respondent and

also by their respective counsel. The petitioner and the second

respondent were also present in person before this Court and they were

identified by M/s.B.Veeralakshmi Gandhan, Special Sub Inspector,

Jeyamangalam 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. In the instant case, the dispute is of personal in nature 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 294(b), 323 and 506(1) IPC.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.2483 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 Crime No.35 of 2022 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.35 of 2022 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.

                                                                                   03.03.2023
                     NCC               :      Yes / No
                     Index             :      Yes / No
                     Internet          :      Yes / No
                     csm





https://www.mhc.tn.gov.in/judis
                                                             Crl.O.P.(MD)No.2483 of 2023




                     To

                     1.The Sub Inspector of Police,
                       Jeyamangalam Police Station,
                       Theni 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.2483 of 2023

K.MURALI SHANKAR,J.

csm

Order made in Crl.O.P.(MD)No.2483 of 2023

Dated: 03.03.2023

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