Madras High Court
Gopinath vs The Inspector Of Police on 12 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.16466 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.16466 of 2024
1. Gopinath
2. Guruchandran
3. Premnath
4.Parameshwari ... Petitioners
Vs.
1. The Inspector of Police
Thillai Nagar Police Station
Trichy District
2. Jerold Milton ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records pertaining to the the case in Crime No.232 of 2019
on the file of the first respondent police and quash the same as against
the petitioners.
For Petitioners : Mr.N.Balasubramanian
For R1 : Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side) \
For R2 : Mr.M.Yesudasan
1/6
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Crl.O.P.(MD)No.16466 of 2024
ORDER
The Criminal Original Petition has been filed to quash the First
Information Report in Crime No.232 of 2019 on the file of the first
respondent Police.
2. The case of the prosecution is that the second respondent is
running finance and Chit Funds Company at Sastri Nagar, Trichy
District. This being so the first petitioner herein who working as CCTV
camera operator and is a regular customer to the said chit fund company,
used to get chits and hand loan on regular basis. At this juncture he had
applied for Rs.10,00,000/- monthly chit and was paying the same
regularly. Thereafter he has not paid the same and defaulted a sum of
Rs.2,40,000/- On 29.04.2019, when the second respondent and his father
was present at their office premises, the present petitioners has arrived to
the office and demanded the second respondent to return their money
back and to return their security documents, reprimanding to the same he
has not acceded to their request, as a result of which the petitioners got
furious, has assaulted the second respondent and threatened him with
dire consequences. Hence this present case.
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Crl.O.P.(MD)No.16466 of 2024
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners 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.232 of 2019,
dated 29.04.2019 for the offences under Sections 294(b), 323 and 506(i)
of IPC 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 05.07.2023, 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.P.Venkatesan, SSI of Police, Thillai
Nagar Police Station, Trichy District , as well as by the learned counsels
appearing for the parties. This Court also enquired both the parties and
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Crl.O.P.(MD)No.16466 of 2024
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 294(b), 323 and 506(i) of IPC.
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.232 of 2019, pending before the first
respondent Police, even though, the offences involved are not
compoundable in nature.
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Crl.O.P.(MD)No.16466 of 2024
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Crime No.232 of 2019, on the file of the
first respondent Police, is quashed and the terms of joint compromise
memo dated 05.07.2023, shall form part and parcel of this order.
12.11.2024
NCC : Yes / No
Index : Yes / No
aav
To
1. The Inspector of Police
Thillai Nagar Police Station
Trichy District
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.16466 of 2024
M.NIRMAL KUMAR, J.
aav
Crl.O.P.(MD)No.16466 of 2024
12.11.2024
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