Madras High Court
Agniraja vs The State Rep. By on 5 September, 2024
Crl.O.P.(MD)No.6753 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.6753 of 2024
1.Agniraja
2.Pitchai
3.Siva @ Sivaprakash (in FIR mentioned as Siva)
4.Jeyabarathi
5.Priyanka
6.Sumathi
7.Jeyalakshmi
8.Sundaraj ... Petitioners
Vs.
1.The State rep. by
The Inspector of Police,
Thirumangalam Taluk Police Station,
Madurai District.
(Crime No.80 of 2024)
2.Murugan ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 B.N.S.S.,
to call for the entire records pertaining to the FIR in Crime No.80 of
2024 on the file of the Inspector of Police, Thirumangalam Taluk Police
Station, Madurai District and quash the same as against the petitioners.
1/6
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Crl.O.P.(MD)No.6753 of 2024
For Petitioners : Mr.B.Muthumari
For R1 : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
For R2 : Mr.R.Sundar
ORDER
The Criminal Original Petition has been filed, invoking Section
528 B.N.S.S., seeking orders to quash the FIR in Crime No.80 of 2024
dated 12.04.2024 pending on the file of the first respondent.
2. The case of the prosecution is that there existed some dispute
between the petitioners and the second respondent and that on
12.04.2024, the petitioners had attacked the second respondent and two
others and abused them in filthy language and also caused criminal
intimidation. 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.80 of 2024 dated
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12.04.2024 for the offences under Sections 147, 148, 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 17.04.2024 has been filed
before this Court which have been signed by the petitioners, the second
respondent and the two injured persons, namely, Sivakumar and Priya
and also by their respective counsel. The petitioners, the second
respondent and the injured persons were also present in person before
this Court and they were identified by Mr.Muthu Pandi, Special Sub
Inspector, Thirumangalam Taluk Police Station, Madurai 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.
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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(2) IPC and Section 4
of TN 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 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.80 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.80 of 2024 on the file of the
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first respondent police, is quashed and the terms of joint compromise
memo dated 17.04.2024 shall form part and parcel of this order.
05.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Inspector of Police,
Thirumangalam Taluk Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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K.MURALI SHANKAR,J.
csm
Order made in
Dated: 05.09.2024
https://www.mhc.tn.gov.in/judis
