Madras High Court
Anbu vs State Rep. By on 7 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.19238 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.19238 of 2024
Anbu ... Petitioner
Vs.
1.State Rep. by
The Inspector of Police,
Thiruneelakudi Police Station,
Thanjavur.
(Crime No.590 of 2023)
2.Vinoth ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records in F.I.R. in Crime No.590 of 2023, on the
file of the first respondent Police and quash the same.
For Petitioner : Mr.I.Velpradeep
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Ms.S.Thilagavathi
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19238 of 2024
ORDER
The Criminal Original Petition has been filed invoking Section
528 B.N.S.S., 2023, seeking orders to quash the F.I.R. in Crime No.590
of 2023, pending on the file of the first respondent Police.
2. The case of the prosecution is that on the night of 14th August,
2023, the petitioner posted a defamatory message on his Facebook
account, under the name 'Priya Anbu', about M.K.Stalin, who is the
President of the Adudurai Town Panchayat. This activity continued
regularly, and at one point, the petitioner posted that M.K.Stalin was a
'rowdy' and a 'thief,' which created a fear of unrest in the Village. Hence,
the second respondent lodged a complaint.
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 Police and
on that basis, F.I.R. came to be registered in Crime No.590 of 2023,
dated 16.08.2023, for the offences under Sections 153, 504 and 505(2) of
I.P.C., against the petitioner.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19238 of 2024
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 29.10.2024, has been filed
before this Court, which has 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 Mr.M.Raghunath, Special Sub-Inspector of Police,
Thiruneelakudi Police Station, Thanjavur 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.
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 153, 504 and 505(2) of I.P.C.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19238 of 2024
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.590 of 2023, 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.590 of 2023, on the file of the
first respondent Police, is quashed and the terms of joint compromise
memo dated 29.10.2024, shall form part and parcel of this order.
07.11.2024
NCC : Yes / No
Index : Yes / No
smn2
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19238 of 2024
To
1.The Inspector of Police,
Thiruneelakudi Police Station,
Thanjavur.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19238 of 2024
M.NIRMAL KUMAR, J.
smn2
Order made in
Crl.O.P.(MD)No.19238 of 2024
Dated: 07.11.2024
https://www.mhc.tn.gov.in/judis
