Madras High Court
Chandirapandi @ Soundarapandi vs The State Of Tamil Nadu on 14 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.18967 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.18967 of 2024
1.Chandirapandi @ Soundarapandi
2.Davendran @ Deivendran ... Petitioners/A1 and A4
Vs.
1.The State of Tamil Nadu, Rep. by
The Inspector of Police,
Thirumangalam Police Station,
Madurai District.
(Crime No.193 of 2024)
2.Alagurajan ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records in Crime No.193 of 2024, on the file of the
Inspector of Police, Thirumangalam Taluk Police Station,
Thirumangalam, Madurai District, and quash the same.
For Petitioners : Mr.B.Duraipandi
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Mr.S.Muthumalairaja
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18967 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.193
of 2024, pending on the file of the first respondent Police.
2. The case of the prosecution is that there was a previous enmity
between the second respondent (de-facto complainant) and the second
petitioner (A4) regarding a sewage issue. On 12.10.2024, at around 8:00
p.m., after the village festival, the second respondent went to take a bath
at the bath tank near his house. At that time, on the instigation of the first
petitioner, co-accused A2 and A3 (the sons of the first petitioner)
waylaid the second respondent and used abusive language against him.
Further, A3 beaten him with wooden log and A2 cut the second
respondent's hand with knife and the second petitioner instigated the
other accused to do away the second respondent. On seeing the relatives
of the second respondent, A2 and A3 threatened and fled the scene.
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
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Crl.O.P.(MD)No.18967 of 2024
respondent has lodged a complaint before the first respondent Police and
on that basis, F.I.R. came to be registered in Crime No.193 of 2024,
dated 13.10.2024, for the offences under Sections 49, 126(1), 296(b),
115(2), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, against
the petitioners/A1 and A4, and A2 and A3.
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 has been filed before this Court,
signed by the petitioners, second respondent and their respective
counsels. The petitioners/A1 and A4 and the second respondent present
in person before this Court and A2 and A3 appeared through virtual
mode and they were identified by Mr.P.Petchimuthupandi, Sub-Inspector
of Police, Thirumangalam Taluk Police Station, Madurai District, as well
as by the learned counsels appearing for the parties. This Court enquired
both the parties and was satisfied that the parties have come to an
amicable settlement between themselves and the issue got resolved.
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Crl.O.P.(MD)No.18967 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 49, 126(1), 296(b), 115(2), 118(1) and 351(3) of the
Bharatiya Nyaya Sanhita, 2023,.
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.193 of 2024, 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.193 of 2024, on the file of the
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Crl.O.P.(MD)No.18967 of 2024
first respondent Police as against A1 to A4, is quashed and the terms of
joint compromise memo shall form part and parcel of this order.
NCC : Yes / No 14.11.2024
Index : Yes / No
smn2
To
1.The Inspector of Police,
Thirumangalam Police Station,
Madurai 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.18967 of 2024
M.NIRMAL KUMAR, J.
smn2
Order made in
Crl.O.P.(MD)No.18967 of 2024
Dated: 14.11.2024
https://www.mhc.tn.gov.in/judis
