Raja Sikkandar vs State Represented By
2023 Latest Caselaw 1822 Mad

                                                                       Crl.O.P.(MD)No.2506 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.2506 of 2023
                     1.Raja Sikkandar

                     2.Syed Ali Fathima

                     3.Allahabagahs @ Allapacks

                     4.Kadhar Maideen

                     5.Alhamdu Nisha @ Alhamadu                            ... Petitioners/
                                                                               Accused 1 to 5

                                                         Vs.

                     1.State represented by
                       The Inspector of Police,
                       Thiruchuli Police Station,
                       Virudhunagar District.
                       (Crime No.94 of 2022)                               ... 1st Respondent/
                                                                               Complainant

                     2.Sikkandar Shet                                      ... 2nd Respondent/
                                                                               Defacto
                                                                               Complainant

                     PRAYER :          Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records relating to the FIR in
                     Crime No.94 of 2022 dated 05.05.2022 on the file of the first respondent
                     and quash the same.

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.(MD)No.2506 of 2023

                                         For Petitioners       : Mr.B.Muneeswaran

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

                                         For R2                : Mr.C.M.Mari Chelliah Prabhu

                                                             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.94 of 2022 on the file of the first

respondent police and quash the same.

2. The case of the prosecution is that there existed previous dispute

between the petitioners and the second respondent/defacto complainant

and that on 05.05.2022, the petitioners had threatened the second

respondent and also gave a life threat to him.

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.94 of 2022 dated

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.2506 of 2023

05.05.2022 for the offences under Sections 147, 323 and 506(1) 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.Sivakumar, Sub Inspector, Thiruchuli 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 147, 323 and 506(1) IPC.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.2506 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.94 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.94 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.2506 of 2023



                     To

                     1. The Inspector of Police,
                       Thiruchuli Police Station,
                       Virudhunagar 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.2506 of 2023

K.MURALI SHANKAR,J.

csm

Order made in Crl.O.P.(MD)No.2506 of 2023

Dated: 03.03.2023

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