Madras High Court
M. Lelin @ Lenin vs The Sub Inspector Of Police on 12 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.17035 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.17035 of 2024
1.M. Lelin @ Lenin
2. Prakasi
3. Fathima Lelin @ Fathima Lenin ... Petitioners
Vs.
1. The Sub Inspector of Police
Kottar Police Station
Kottar, Kanyakumari District
2. Alex ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records relating to the First Information Report in Crime
No.171 of 2024 on the file of the first respondent police and quash the
same.
For Petitioners : Mr.N.Pragalathan
For R1 : Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side) \
For R2 : Mr.K. Muthurakkan
1/6
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Crl.O.P.(MD)No.17035 of 2024
ORDER
The Criminal Original Petition has been filed to quash the First
Information Report in Crime No.171 of 2024 on the file of the first
respondent Police.
2. The case of the prosecution is that the defacto
complainant/second respondent is working as Assistant Legal Manager
in HDB Financial Service Ltd., Nagercoil. The petitioners herein
borrowed money from the HDB Financial Service Ltd., after mortgaging
the residential property. Hence, the second respondent filed a petition
before the learned Chief Judicial Magistrate, Nagercoil to take the
physical possession of the property. As per the order dated 10-01-2024
passed in Crl.M.P.No.135 of 2024 on the file of the Chief Judicial
Magistrate Court, Nagercoil, the physical possession of the house was
taken on 27.03.2024. But on the same day 27.03.2024 the petitioners
herein entered into the house. When the second respondent contacted the
petitioners, it was informed that they are going to settle the entire
amount. Believing the same on 11.05.2024 at about 11.00 a.m., when the
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Crl.O.P.(MD)No.17035 of 2024
second respondent went to the house to get the money, the petitioners
herein abused him and threatened him with dire consequences. Hence
this present case.
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.171 of 2024, for
the offences under Sections 448, 294(b) and 506(ii) 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 30.09.2024, 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
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Crl.O.P.(MD)No.17035 of 2024
and they were identified by Mr.Jeyakumar, SSI of Police, Kottar Police
Station, Kaniyakumari 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 448, 294(b) and 506(ii) 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.171 of 2024, pending before the first
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Crl.O.P.(MD)No.17035 of 2024
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.171 of 2024 , on the file of the
first respondent Police, is quashed and the terms of joint compromise
memo dated 30.09.2024, shall form part and parcel of this order.
12.11.2024
NCC : Yes / No
Index : Yes / No
aav
To
1. The Sub Inspector of Police
Kottar Police Station
Kottar, Kanyakumari District
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17035 of 2024
M.NIRMAL KUMAR, J.
aav
Crl.O.P.(MD)No.17035 of 2024
12.11.2024
https://www.mhc.tn.gov.in/judis
