Madras High Court
Raj vs The Inspector Of Police on 4 September, 2024
Crl.O.P.(MD)No.13314 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.13314 of 2024
Raj : Petitioner/Sole Accused
Vs.
1.The Inspector of Police,
Tharuvaikularm Police Station,
Thoothukudi District.
Crime No.112 of 2016.
2.Prem Ananth ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to
call for the records relating in C.C.No.613 of 2023 in Crime No.112 of
2016 on the file of the learned District Munsif cum Judicial Magistrate,
Ottapidaram, Thoothukudi District and quash the same as against the
petitioners.
For Petitioner : Mr.S.T.Sasidharan Tamilkani
For Respondents : Mr.K.Sanjai Gandhi,
Government Advocate (Crl. Side)
for R1.
: Mr.S.Moorthy, for R2.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13314 of 2024
ORDER
This Criminal Original Petition has been filed, invoking Section 482
Cr.P.C., seeking orders, to call for the records relating in C.C.No.613 of
2023 in Crime No.112 of 2016 on the file of the learned District Munsif
cum Judicial Magistrate, Ottapidaram, Thoothukudi District and quash the
same as against the petitioners.
2. The case of the prosecution is that there was a wordy quarrel
between the petitioner and the defacto complainant, due to which, the
petitioner abused the defacto complainant in filthy language and also
attacked him. Hence, the complaint.
3. The learned counsel appearing for the petitioner 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.112
of 2016 and after investigation, filed the final report and the same was
taken cognizance in C.C.No.613 of 2023 on the file of the learned District
Munsif cum Judicial Magistrate, Ottapidaram, Thoothukudi District, for
the offences under Sections 294(b), 323, 427 and 506(ii) of IPC and
against the petitioner. He would further submit that the counter case in
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13314 of 2024
Crime No.113 of 2016 came to be registered against the defacto
complainant and the respondent police, after investigation, filed the final
report and the same was taken cognizance in S.C.No.87 of 2020.
4. The case is under trial. 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 02.08.2024, has been filed
before this Court which have been signed by the petitioner and the second
respondent and also by their respective counsels. The petitioner and the
second respondent are present before this Court and and they were
identified by Mr.V.Subbiah, SSI, Tharuvaikularm Police Station,
Thoothukudi 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 the
parties had compromised. Where the parties have compromised the matter,
the High Court has to power to quash the complaint for the offence under
Sections 294(b), 323, 427 and 506(ii) of IPC.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13314 of 2024
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
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
of the Hon'ble Apex Court, no useful purpose will be served in keeping
the proceedings in C.C.No.613 of 2023 as against the petitioner pending
before the learned District Munsif cum Judicial Magistrate, Ottapidaram,
Thoothukudi District, even though, the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in C.C.No.613 of 2023 on the file of the learned District
Munsif cum Judicial Magistrate, Ottapidaram, Thoothukudi District, is
quashed as against the petitioner and the joint compromise memo dated
02.08.2024, shall form part and parcel of this order.
04.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13314 of 2024
To
1.The District Munsif cum Judicial Magistrate,
Ottapidaram, Thoothukudi District.
2.The Inspector of Police,
Tharuvaikularm Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13314 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.13314 of 2024
Dated: 04.09.2024
https://www.mhc.tn.gov.in/judis
