Madras High Court
Suresh vs State Rep By on 5 September, 2024
Crl.O.P.(MD)No.13612 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.13612 of 2024
Suresh ... Petitioner
Vs.
State rep by
1.The Deputy Superintendent of Police,
Orathanadu Sub Division,
Thanjavur District.
2.The Inspector of Police,
Orathanadu Police Station,
Thoothukudi District.
(Crime No.255 of 2015)
3.Mahendran ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 B.N.S.S.,
to call for records relating to the charge sheet in P.R.C.No.37 of 2017 on
the file of the District Munsif cum Judicial Magistrate, Orathanadu and
quash the same as against petitioner.
For Petitioner : Mr.M.Karthick
For R1 & R2 : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
For R3 : Mr.P.Praveen Kumar
1/6
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Crl.O.P.(MD)No.13612 of 2024
ORDER
The Criminal Original Petition has been filed, invoking Section
528 B.N.S.S., seeking orders to quash the charge sheet in P.R.C.No.37 of
2017 pending on the file of the District Munsif cum Judicial Magistrate,
Orathanadu.
2. The case of the prosecution is that on 03.05.2015 at about 11.30
p.m., the petitioner and other accused persons assaulted the third
respondent and his brother-in-law and threatened them with dire
consequences. Hence, the second respondent lodged a complaint.
3. The learned counsel appearing for the petitioner would submit
that the third respondent has lodged a complaint before the second
respondent and on that basis, FIR came to be registered in Crime No.255
of 2015 against 7 named persons and 33 unknown persons and after
investigation and filing of the final report, the same was taken
cognizance in P.R.C.No.29 of 2017 on the file of the District Munsif cum
Judicial Magistrate, Orathanadu for the offences under Sections 147,
148, 294(b), 323 and 506(1) IPC, Section 4 of TN Prohibition of
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13612 of 2024
Harassment of Women Act, 2002 and Section 3(l)(x) of SC/ST Act, 1989
against six persons including the petitioner/first accused.
4. It is not in dispute that as against the accused 2 to 5 the trial
Court has acquitted them and as against the petitioner and sixth accused
the case was ordered to be split up.
5. The learned Government Advocate (Criminal Side) appearing
for the respondents 1 and 2 would submit that the third respondent has
already repaid the compensation amount of Rs.22,500/- on 05.09.2024,
which was received by him earlier from the concerned Government
authorities.
6. The case is under trial. By passage of time, the parties have
decided to bury their hatchet and compromise the dispute amicably
among themselves.
7. A Joint Memo of Compromise dated 07.08.2024 has been filed
before this Court which have been signed by the petitioner and the third
respondent and also by their respective counsels. The petitioner and the
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Crl.O.P.(MD)No.13612 of 2024
third respondent are present before this Court and and they were
identified by Mr.Kamaraj, Sub Inspector of Police, Orathanadu Police
Station, Thanjavur 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.
8. 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 147, 148, 294(b), 323 and 506(1) IPC, Section 4
of TN Prohibition of Harassment of Women Act, 2002 and Section
3(l)(x) of SC/ST Act, 1989.
9. 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.
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Crl.O.P.(MD)No.13612 of 2024
10. 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 P.R.C.No.37 of 2017 pending before the
District Munsif cum Judicial Magistrate, Orathanadu, even though, the
offences involved are not compoundable in nature.
11. Accordingly, this Criminal Original Petition is allowed and
the proceedings in P.R.C.No.37 of 2017, on the file of the District
Munsif cum Judicial Magistrate, Orathanadu, is quashed as against the
petitioner and the joint compromise memo dated 07.08.2024 shall form
part and parcel of this order.
05.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
To
1.The Deputy Superintendent of Police,
Orathanadu Sub Division,
Thanjavur District.
2.The Inspector of Police,
Orathanadu Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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Crl.O.P.(MD)No.13612 of 2024
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.13612 of 2024
Dated: 05.09.2024
https://www.mhc.tn.gov.in/judis
