Madras High Court
Jeyaraj vs /6 on 4 September, 2024
Crl.O.P.(MD)No.13796 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.13796 of 2024
and
Crl.M.P.(MD)No.8544 of 2024
1.Jeyaraj
2.Sunthan @ Sundaram
3.Balu @ Balasubramani
4.Vimalraj
5.Annakamu Prabu @ Annakamu Prabhu
6.Vignesh
7.Marimuthu
8.Minor Ranjith
represented by his mother
Panjavarnam @ Panchavarnam
9.Vijayakumar
10.Pandi @ Thanapandi
11.Durka @ Selvapriya
12.Muthulakshmi
13.Suba @ Subalakshmi
14.Suganthi
15.Muthulakshmi
16.Ponmari
17.Papathi @ Pappathi
18.Samba @ Shenbagarani
19.Palaniyammal @ Palaniammal
20.Panjavarnam @ Panchavarnam ... Petitioners
Vs.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13796 of 2024
1.The Inspector of Police,
Shanarpatti Police Station,
Dindigul District.
2.Packiyalakshmi @ Backialakshmi ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 B.N.S.S.,
to call for the records pertaining to Crime No.227 of 2024 dated
25.05.2024 on the file of the Shanarpatti Police Station, Dindigul District
and quash the same.
For Petitioners : Mr.M.Gandhirajan
For R1 : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
For R2 : Mr.K.R.Badurus Zaman
ORDER
The Criminal Original Petition has been filed, invoking Section
528 B.N.S.S., seeking orders to quash the FIR in Crime No.227 of 2024
dated 25.05.2024 pending on the file of the first respondent.
2. The case of the prosecution is that due to some land dispute, the
petitioners trespassed into the house of the second respondent and abused
her in filthy language and attacked her with wooden log and threatened
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Crl.O.P.(MD)No.13796 of 2024
her with dire consequences and also damaged home articles and two
wheelers to the tune of Rs.2,12,566/-. 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.227 of 2024 dated
25.05.2024 for the offences under Sections 147, 148, 447, 427, 294(b),
323, 324 and 506(2) IPC and Section 4 of TN Prohibition of Harassment
of Women Act, 2002 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 09.08.2024 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13796 of 2024
and the second respondent were also present in person before this Court
and they were identified by Mr.K.Murugan, Special Sub Inspector,
Shanarpatti Police Station 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.
7. 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, 447, 427, 294(b), 323, 324 and 506(2) IPC and
Section 4 of TN Prohibition of Harassment of Women Act, 2002.
8. 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 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of
Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
9. In the light of the guidelines issued in the above said Judgments
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13796 of 2024
of the Hon'ble Apex Court, no useful purpose will be served in keeping
the proceedings in Crime No.227 of 2024 pending before the first
respondent police, even though, the offences involved are not
compoundable in nature.
10. Accordingly, this Criminal Original Petition stands allowed
and as a sequel, the proceedings in Crime No.227 of 2024 on the file of
the first respondent police, is quashed and the terms of joint compromise
memo dated 25.05.2024 shall form part and parcel of this order.
Consequently, connected Miscellaneous Petition is closed.
04.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Inspector of Police,
Shanarpatti Police Station,
Dindigul 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.13796 of 2024
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.13796 of 2024
and
Dated: 04.09.2024
https://www.mhc.tn.gov.in/judis
