Madras High Court
Ramesh @ Ramesh Raja vs State Represented By on 6 September, 2024
Crl.O.P.(MD)No.15053 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.15053 of 2024
Ramesh @ Ramesh Raja ... Petitioner/A1
Vs.
1.State represented by
The Inspector of Police,
Pazhavur Police Station,
Tirunelveli District.
(Crime No.139 of 2015)
2.Packiam ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of
B.N.S.S, to call for the records in P.R.C.No.56 of 2016 on the file of the
Judicial Magistrate Court, Vallioor and quash the same against the
petitioner.
For Petitioner : Mr.R.Ponkarthikeyan
For R1 : Mr.K.Sanjai Gandhi,
Government Advocate (Crl. Side)
For R2 : Mr.P.Suresh.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15053 of 2024
ORDER
This Criminal Original Petition has been filed, invoking Section
528 of B.N.S.S., seeking orders, to call for the records in P.R.C.No.56 of
2016 on the file of the Judicial Magistrate Court, Vallioor and quash the
same against the petitioner.
2. The case of the prosecution is that on 14.05.2015, during temple
festival, the accused persons pelted stones on the gate of the defacto
complainant's house and when the same was questioned by the defacto
complainant, the petitioner along with other accused persons trespassed
into the defacto complainant's house and caused damage to the window
and doors and also criminally intimidated her. 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.139
of 2015 and after investigation and filing of the final report, the same
was taken cognizance in P.R.C.No.56 of 2016 on the file of the Judicial
Magistrate, Vallioor for the offences under Sections 147, 447, 294(b),
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15053 of 2024
506(i) IPC and Section 3 of TNPPDL Act and Section 4 of TNPHW Act,
against the petitioner.
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 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.D.Subramanian, HC 859, Pazhavur Police Station, Tirunelveli
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 147, 447, 294(b), 506(i) IPC and Section 3 of
TNPPDL Act and Section 4 of TNPHW Act.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15053 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.
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 P.R.C.No.56 of 2016 as against the
petitioner pending on the file of the Judicial Magistrate Court, Vallioor,
even though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in P.R.C.No.56 of 2016 on the file of the Judicial Magistrate
Court, Vallioor, is quashed as against the petitioner and the joint
compromise memo shall form part and parcel of this order.
06.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15053 of 2024
To
1.The Judicial Magistrate, Vallioor.
2.The Inspector of Police,
Pazhavur Police Station,
Tirunelveli 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.15053 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.15053 of 2024
Dated: 06.09.2024
https://www.mhc.tn.gov.in/judis
