Madras High Court
Narendran vs The State on 11 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.19227 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.19227 of 2024
and
Crl.M.P.(MD)No.11863 of 2024
1.Narendran
2.Kiran @ Nellai Karnan
3.Shankar ... Petitioners
Vs.
1.The State, Rep. by its
The Inspector of Police,
Tirunelveli Junction Police Station,
Tirunelveli City.
(Crime No.148 of 2024)
2.Rajaram ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the entire records relating to the impugned F.I.R. in
Crime No.148 of 2024, dated 10.04.2024, on the file of the first
respondent Police and quash the same insofar as the petitioners are
concerned.
1/6
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Crl.O.P.(MD)No.19227 of 2024
For Petitioners : Mr.S.Vidhya Sagar
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Mr.S.Nirmal Kumar
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.148
of 2024, dated 10.04.2024, on the file of the first respondent Police.
2. The case of the prosecution is that on 09.04.2024, at about
08:00 p.m., the second respondent's brother's two-wheeler ran out of fuel.
The second respondent went to the nearby Bharath Petrol Bunk and
requested fuel in a empty bottle. The same was refused. The second
respondent questioned and there was wordy quarrel. At that time, the
petitioners came, verbally abused second respondent using filthy
language, assaulted him, and threatened him with dire consequences.
Hence, the second respondent lodged a complaint.
3. The learned counsel appearing for the petitioners would submit
that the second respondent lodged a complaint before the first respondent
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Crl.O.P.(MD)No.19227 of 2024
Police and F.I.R. came to be registered in Crime No.148 of 2024, dated
10.04.2024, for the offences under Sections 294(b), 323 and 506(i) of
I.P.C., against the petitioners. He further submitted that by passage of
time, the parties decided to bury their hatchet and compromise the
dispute amicably among themselves.
4. The learned Government Advocate (Criminal Side) for the first
respondent submitted that, after completion of the investigation, now,
charge sheet filed, taken on file in C.C.No.1320 of 2024 by the learned
Judicial Magistrate No.IV, Tirunelveli. The case is now posted to
12.11.2024 (tomorrow) for appearance of the accused persons.
5. A Joint Memo of Compromise, dated 30.09.2024, signed by the
petitioners and the second respondent and by their respective counsels
produced. The petitioners and the second respondent present in person
before this Court, who were identified by Mr.K.Kupendran, Special Sub-
Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City,
as well as by the learned counsels appearing for the parties. This Court
enquired both parties and is satisfied that the parties have come to an
amicable settlement between themselves.
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Crl.O.P.(MD)No.19227 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 294(b), 323 and 506(i) 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.148 of 2024, on the file of 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.148 of 2024, on the file of the
first respondent Police, consequently, the proceedings in C.C.No.1320 of
2024 pending against the petitioners before the Judicial Magistrate Court
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Crl.O.P.(MD)No.19227 of 2024
No.IV, Tirunelveli, also stands quashed and the terms of joint
compromise memo, dated 30.09.2024, shall form part and parcel of this
order. Consequently, connected Miscellaneous Petition is closed.
NCC : Yes / No 11.11.2024
Index : Yes / No
smn2
To
1.The Judicial Magistrate No.IV,
Tirunelveli.
2.The Inspector of Police,
Tirunelveli Junction Police Station,
Tirunelveli City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19227 of 2024
M.NIRMAL KUMAR, J.
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Order made in
Crl.O.P.(MD)No.19227 of 2024
Dated: 11.11.2024
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