Revathi vs State Represented By
2023 Latest Caselaw 5074 Mad

                                                                       Crl.O.P.(MD) No.9189 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 18.05.2023

                                                     CORAM:

                                  THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                            Crl.O.P.(MD)No.9189 of 2023


                     1.Revathi
                     2.Kabilnath @ Kavinnath
                     3.Surya
                     4.Murugan                                                  ... Petitioners

                                                           Vs.

                     1.State Represented by
                       The Inspector of Police,
                       Othakadai Police Station,
                       Madurai.
                     (In Crime No.524 of 2021)

                     2.Muthuramalingam
                     3.Parasuraman                                              ....Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records in FIR in Crime No.524 of 2021 on the file
                     of the first respondent and quash the same against the petitioners.


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P.(MD) No.9189 of 2023

                                        For Petitioners    : Mr.S.Saravana Kumar
                                        For Respondents : Mr.R.Sivakumar
                                                           Government Advocate (Crl.Side) for R1


                                                           ORDER

The Criminal Original Petition has been filed to quash the FIR in

Crime No.524 of 2021 on the file of the first respondent.

2. The case of the prosecution is that the defacto complainant and

the petitioners are the same family members. On 09.09.2021, all the

petitioners herein attacked the defacto complainant and his son with

hand, also damaged his car, abused them in filthy language and

threatened with dire consequences, for which a case has been registered

in Crime No.524 of 2021.

3. By passage of time, the parties have decided to bury their

hatchet and compromise the dispute amicably among themselves. Now,

the second and third respondents are not interested in proceeding the case

further. The petitioners and the second and third respondents appeared

before this Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.9189 of 2023

4. This Court also enquired both the parties and was satisfied that

the parties have come to an amicable settlement between themselves. A

Joint Memo of Compromise has been filed before this Court, which has

been signed by the petitioners and the second and third respondents and

also by their respective counsel.

5. In the instant case, the dispute between the parties has been

compromised out of the Court. When the parties have compromised the

matter, the High Court has to power to quash the complaint for the

offences.

6. 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 also in the case of Parbathbhai Aahir @ Parbathbhai

Vs. State of Gujrath) reported in (2017) 9 SCC 641 was taken into

consideration.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.9189 of 2023

7. In the light of the guidelines issued in the aforesaid Judgments

of the Hon'ble Apex Court, no useful purpose will be served in keeping

the FIR in Crime No.524 of 2021 on the file of the first respondent

police, even though, the offences involved are not compoundable in

nature.

8. Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the FIR in Crime No.524 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.

18.05.2023

NCC:Yes/No Index:Yes/No Sm

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.9189 of 2023

To

1.The Inspector of Police, Othakadai Police Station, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.9189 of 2023

T.V.THAMILSELVI, J.

Sm

Crl.O.P.(MD) No.9189 of 2023

18.05.2023

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