Kumaresan vs The State Rep. Through
2024 Latest Caselaw 19500 Mad

Madras High Court

Kumaresan vs The State Rep. Through on 17 October, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                          Crl.O.P.(MD)No.6550 of 2023

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 17.10.2024

                                                        CORAM:

                        THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                              Crl.O.P.(MD)No.6550 of 2023

                     1.Kumaresan
                     2.Pakalavan
                     3.Sathishkumar
                     4.Ramani
                     5.Santhanalakshmi
                     6.Dinoth Kumar                                   ... Petitioners/A1 to A6
                                                            vs.
                     1.The State Rep. Through,
                       The Inspector of Police,
                       Jeyamangalam Police Station,
                       Theni District.
                       Crime No.301 of 2021

                     2.M.Muthulakshmi                             ... Respondent No.1/Complainant

                                  Prayer:- Petition filed under Section 482 of Cr.P.C., to call for
                     the records pertaining to the case in Crime No.301 of 2021 on the file of
                     the first respondent, quash the same.


                                     For Petitioner     : Mr.K.Dinesh

                                     For R1            : Mrs.M.Aasha
                                                       Government Advocate (Crl. side)



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                                                                       Crl.O.P.(MD)No.6550 of 2023

                                                        ORDER

The petition is filed to quash the First Information Report in

Crime No.301 of 2021 on the file of the first respondent.

2.The learned counsel for the petitioner seeks quashment of the

case on compromise. The Joint Memo of Compromise is also filed. All the

parties are present before this Court. The Court enquired with the parties.

The parties had understood the terms of compromise. The defacto

complainant is present before the Court and submits that the case can be

quashed on compromise and that she does not want to pursue the case

further.

3.As per the judgment dictum of the Hon'ble Supreme Court of

India in Gian Singh vs. State of Punjab & Another reported in 2012 (10)

SCC 303, this Court has to see the gravamen of allegations and the nature

of occurrence before deciding to exercise its power under Section 482 of

the Code of Criminal Procedure. This is a case and counter. Already, the

counter case has also been since quashed on compromise.

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4.A perusal of the statements made by the witnesses and the

nature of allegations, it would be clear that it is a dispute between the

relatives and members of the family and as such, predominantly private in

nature and this is a fit case for exercise of power by this Court under

Section 482 of the Code of Criminal Procedure.

5.Accordingly, the joint compromise memo is taken on record.

The terms of compromise shall form part of the order. The First

Information Report in Crime No.301 of 2021 on the file of the respondent

police shall stand quashed and this petition is allowed.

                                                                                    17.10.2024
                     NCC          : Yes / No
                     sji

                     To

                     1.The Inspector of Police,
                       Jeyamangalam Police Station,
                       Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

D.BHARATHA CHAKRAVARTHY, J.

sji

17.10.2024

https://www.mhc.tn.gov.in/judis