Madras High Court
Dhanus @ Thanush vs The Inspector Of Police on 2 September, 2024
Crl.O.P.(MD)No.8315 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.8315 of 2024
and
Crl.M.P(MD)No.5662 of 2024
1.Dhanus @ Thanush
2.Siva
3.Alagarsami @ Alagarsamy
4.Balammal
5.Chandra @ Chandira
6.Sridevi ... Petitioners/A1 to A6
Vs.
1.The Inspector of Police,
Thenkarai Police Station,
Theni District.
Crime No.219 of 2024.
2.Sudhakar ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to
call for the records pertaining to the FIR in Crime No.219 of 2024 on the
file of the first respondent and quash the same in so far as the petitioners
are concerned.
For Petitioners : Mr.J.Vishnu
For Respondents : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
for R1.
1/6
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Crl.O.P.(MD)No.8315 of 2024
: Mr.R.Mohamed Riyaz, for R2.
ORDER
The Criminal Original Petition has been filed, invoking Section 528
B.N.S.S., seeking orders to call for the records pertaining to the FIR in
Crime No.219 of 2024 on the file of the first respondent and quash the
same in so far as the petitioners are concerned.
2. The case of the prosecution is that due to previous enmity
between the petitioners and the defacto complainant, the petitioners
attacked the defacto complainant with sickle and abused him in filthy
language and also attacked his wife. 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 has
lodged a complaint before the first respondent and on that basis, FIR came
to be registered in Crime No.219 of 2024 for the offences under Sections
147, 148, 294(b), 323, 324 and 506(ii) IPC and Section 4 of Tamil Nadu
Prohibition of Harassment of Women Act 2002, against the petitioners.
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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 08.07.2024 has been filed
before this Court which have 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.Katturaja, SSI, Thenkarai Police Station, Theni
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 147, 148, 294(b), 323, 324 and 506(ii) IPC and Section 4 of
Tamil Nadu Prohibition of Harassment of Women Act 2002.
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Panjab and another reported in (2012)10
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SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath)
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.219 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.219 of 2024 on the file of the
first respondent police, is quashed and the terms of joint compromise
memo dated 08.07.2024 shall form part and parcel of this order.
Consequently, connected Miscellaneous Petition is closed.
02.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
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To
1.The Inspector of Police,
Thenkarai Police Station,
Theni District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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K.MURALI SHANKAR,J.
das
Order made in
and
Dated: 02.09.2024
https://www.mhc.tn.gov.in/judis
