Madras High Court
Ashok vs State Of Tamil Nadu Through on 6 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.18155 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.18155 of 2024
1.Ashok
2.Arunkumar
3.Selvaraj ... Petitioners
Vs.
1.State of Tamil Nadu through,
The Inspector of Police,
Parthibanoor Police Station,
Ramanathapuram District.
(Crime No.170 of 2024)
2.Selvam ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records pertaining to the impugned F.I.R. in Crime
No.170 of 2024, dated 20.09.2024, on the file of the first respondent
Police and quash the same.
For Petitioners : Mr.A.Ilayaraja
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
1/6
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Crl.O.P.(MD)No.18155 of 2024
For R2 : Mr.A.Aruputharaj
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.170 of 2024, dated 20.09.2024, pending on the
file of the first respondent Police.
2. The case of the prosecution is that on 20.09.2024, at about 8:30
a.m., the second respondent / de facto complainant was sitting on the side
of the road in front of his house, talking with his wife and son. At that
time, the first petitioner (A1) drove a two-wheeler, bearing Registration
No.TN-65-B-9165, at high speed and hit the second respondent / de facto
complainant on the knee. When the incident was questioned, the first
petitioner, along with petitioners 2 and 3, who were seated behind the
two-wheeler, verbally abused the second respondent and his family
members in filthy language and also threatened them with dire
consequences. As a result, 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.18155 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.170 of 2024,
dated 20.09.2024, for the offences under Sections 284, 125 and 296(b) of
the Bharatiya Nyaya Sanhita, 2023, 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 21.10.2024, 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.S.Boominathan, Special Sub-Inspector of
Police, Parthibanoor Police Station, Ramanathapuram 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.18155 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 284, 125 and 296(b) of the Bharatiya Nyaya Sanhita,
2023.
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.170 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.170 of 2024, on the file of the
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Crl.O.P.(MD)No.18155 of 2024
first respondent Police, is quashed and the terms of joint compromise
memo dated 21.10.2024, shall form part and parcel of this order.
06.11.2024
NCC : Yes / No
Index : Yes / No
smn2
To
1.The Inspector of Police,
Parthibanoor Police Station,
Ramanathapuram District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.18155 of 2024
M.NIRMAL KUMAR, J.
smn2
Order made in
Crl.O.P.(MD)No.18155 of 2024
Dated: 06.11.2024
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