Madras High Court
Rajaram vs The State on 11 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.19229 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.19229 of 2024
and
Crl.M.P.(MD)No.11865 of 2024
1.Rajaram
2.Meenakshi Rajan ... Petitioners
Vs.
1.The State, Rep. by its
The Inspector of Police,
Tirunelveli Junction Police Station,
Tirunelveli City.
(Crime No.149 of 2024)
2.Dalton ... 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.149 of 2024, dated 10.04.2024, on the file of the first
respondent Police and quash the same insofar as the petitioners are
concerned.
For Petitioners : Mr.S.Nirmal Kumar
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19229 of 2024
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Mr.S.Vidhya Sagar
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.149
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 petitioners came to Bharat petrol bunk and requested
petrol to be filled in a empty bottle. The second respondent informed
them Police had instructed not to fill petrol in empty bottles, and refused
to fill petrol. The petitioners, who were in drunken mood, got offended
using filthy language and attacked him, and 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
respondent lodged a complaint before the first respondent Police and on
that basis, F.I.R. registered in Crime No.149 of 2024, dated 10.04.2024,
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Crl.O.P.(MD)No.19229 of 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
have decided to bury their hatchet and compromise the dispute amicably
between them.
4. The learned Government Advocate (Criminal Side) for the first
respondent submitted that, after the completion of investigation in Crime
No.149 of 2024, charge sheet filed, taken on file in C.C.No.1319 of 2024
by the learned Judicial Magistrate No.IV, Tirunelveli. The case is now
posted to 12.11.2024 (tomorrow) for the appearance of the accused
persons.
5. A Joint Memo of Compromise, dated 30.09.2024 along with
affidavit of the second respondent, filed before this Court, signed by
petitioners and second respondent and by their respective counsels. The
petitioners and the second respondent present in person before this Court
and they 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 also
enquired both the parties and satisfied that the parties have come to an
amicable settlement between themselves.
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Crl.O.P.(MD)No.19229 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.149 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.149 of 2024, on the file of the
first respondent Police, consequently, the proceedings in C.C.No.1319 of
2024 pending against the petitioners before the Judicial Magistrate Court
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Crl.O.P.(MD)No.19229 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.19229 of 2024
M.NIRMAL KUMAR, J.
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Order made in
Crl.O.P.(MD)No.19229 of 2024
Dated: 11.11.2024
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