Madras High Court
Mutharasu vs State Rep By on 12 September, 2024
Crl.O.P.(MD)No.13598 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.09.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.13598 of 2024
1.Mutharasu
2.Vijayaragavan
3.Vicky @ Vigneshkumar
4.Saravanan @ Saravanakumar
5.Marishwaran
6.Rajamohan
7.Mani @ Manikandan : Petitioners/A1 to A7
Vs.
1.State rep by
The Inspector of Police,
Kallikudi Police Station,
Madurai District.
Crime No.390 of 2020.
2.Sangilimurugan
3.Pandiyaraj ... Respondents
(R3 impleaded vide order, dated 12.09.2024 in
Crl.MP(MD)NO.9722 of 2024 in Crl.OP(MD)No.13598 of 2024)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13598 of 2024
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records relating to the proceedings in Crime No.390 of
2020, dated 07.05.2020 on the file of the first respondent police and
quash the same as against the petitioners.
For Petitioners : Mr.S.Arokiya Selvaramesh,
For R1 : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
For R2 : Mr.T.Jeyapal
ORDER
The Criminal Original Petition has been filed, invoking Section
528 B.N.S.S., seeking orders, to call for the records relating to the
proceedings in Crime No.390 of 2020, dated 07.05.2020 on the file of the
first respondent police and quash the same as against the petitioners.
2. The case of the prosecution is that due to previous enmity
between the petitioners and the defacto complainant, the petitioners
abused the defacto complainant in filthy language, attacked him with
wooden log and also threatened him with dire consequences. Hence, the
complaint.
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Crl.O.P.(MD)No.13598 of 2024
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.390 of 2020, dated
07.05.2020 for the offences under Sections 147, 148, 341, 294(b), 323,
324 and 506(2) IPC 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 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 and the second
respondent were also present in person before this Court and they were
identified by Ms.K.Valarmathi, WSSI, Kallikudi 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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Crl.O.P.(MD)No.13598 of 2024
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, 341, 294(b), 323, 324 and 506(2) IPC.
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.390 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.390 of 2024 on the file of the
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Crl.O.P.(MD)No.13598 of 2024
first respondent police, is quashed and the terms of joint compromise
memo shall form part and parcel of this order. Consequently, connected
Miscellaneous Petition is closed.
12.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
To
1.The Inspector of Police,
Kallikudi Police Station,
Madurai 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.13598 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.13598 of 2024
Dated: 12.09.2024
https://www.mhc.tn.gov.in/judis
