Madras High Court
Thirusenthilnathan vs The State Of Tamil Nadu on 6 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.18141 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.18141 of 2024
1.Thirusenthilnathan
2.Aathi
3.Muthalagu ... Petitioners
Vs.
1.The State of Tamil Nadu, Rep by,
The Inspector of Police,
S.S.Kottai Police Station,
Sivagangai District.
(Crime No.52 of 2024)
2.Prakash ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for records relating to the F.I.R. in Crime No.52 of 2024,
dated 29.04.2024, on the file of the first respondent Police and quash the
same.
For Petitioners : Ms.D.Oviya
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
1/6
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Crl.O.P.(MD)No.18141 of 2024
For R2 : Mr.V.Devakumar
ORDER
The Criminal Original Petition has been filed invoking Section
528 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to quash
the F.I.R. in Crime No.52 of 2024, dated 29.04.2024, pending on the file
of the first respondent Police.
2. The case of the prosecution is that on 27.04.2024, at about
06:30 p.m., when the second respondent (de-facto complainant), along
with his friends, Arul and Guhan were standing near a Mosque in their
Village, the first petitioner drove a KTM two-wheeler, bearing
Registration No.TN-63-BR-5684, in a rash and negligent manner and
dashed against the second respondent's two-wheeler. When the same was
questioned by the second respondent, the petitioners attacked the second
respondent using an iron rod, abused him in filthy language and also
threatened him with dire consequences. Hence, the second respondent
lodged a complaint.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the second
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Crl.O.P.(MD)No.18141 of 2024
respondent has lodged a complaint before the first respondent Police and
on that basis, F.I.R. came to be registered in Crime No.52 of 2024, dated
29.04.2024, for the offences under Sections 279, 341, 294(b), 323, 324
and 506(ii) of I.P.C. 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, dated 30.10.2024, has been filed
before this Court, which has 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.N.Murugesan, Special Sub-Inspector of
Police, S.S.Kottai Police Station, Sivagangai District, 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.
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Crl.O.P.(MD)No.18141 of 2024
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 279, 341, 294(b), 323, 324 and 506(ii) of I.P.C.
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Punjab and another reported in
(2012)10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of
Gujarat) 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.52 of 2024, 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.52 of 2024, on the file of the
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Crl.O.P.(MD)No.18141 of 2024
first respondent Police, is quashed and the terms of joint compromise
memo dated 30.10.2024, shall form part and parcel of this order.
06.11.2024
NCC : Yes / No
Index : Yes / No
smn2
To
1.The Inspector of Police,
S.S.Kottai Police Station,
Sivagangai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.18141 of 2024
M.NIRMAL KUMAR, J.
smn2
Order made in
Crl.O.P.(MD)No.18141 of 2024
Dated: 06.11.2024
https://www.mhc.tn.gov.in/judis
