Madras High Court
V.Tamilarasan vs The Inspector Of Police on 3 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.19479 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.19479 of 2024
1.V.Tamilarasan
2.K.Sam Sachin ... Petitioners
Vs.
1. The Inspector of Police
Tirunelveli Taluk Police Station,
Tirunelveli District.
(Crime No.438 of 2023)
2.M.Premkumar ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records of the impugned FIR in Crime No.438 of 2023, on
the file of the first respondent police dated 24.12.2023 and quash the
same.
For Petitioners : Mr.Arun Ramnath
For R1 : Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side)
For R2 : Mr.J.Jaaswant
1/7
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Crl.O.P.(MD)No.19479 of 2024
ORDER
The Criminal Original Petition has been filed to quash the First
Information Report in Crime No.438 of 2023, on the file of the first
respondent Police.
2. The case of the prosecution is that on 24.12.2023, at around
02.00 a.m. when the de-facto complainant was at his home, the
petitioners went to his house and demanded the money which was lent by
the first petitioner to the de-facto complainant. When the same was
refused by the de-facto complainant, the petitioners abused him using
filthy language and threatened him. They pushed the de-facto
complainant, as a result his neck got strangulated and they also
threatened him to return the money using a knife. Hence, the de-facto
complainant 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 Police and
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Crl.O.P.(MD)No.19479 of 2024
on that basis, F.I.R. came to be registered in Crime No.438 of 2023,
dated 24.12.2023 for the offences under Sections 448, 294(b), 352 &
506(2) of 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, dated 15.11.2024, has been filed
before this Court, which has 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 Mr.B.Kannan, SSI of Police, Tirunelveli
Taluk 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.
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Crl.O.P.(MD)No.19479 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 294(b) and 323 of IPC.
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Punjab and another reported in
(2012)10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of
Gujarat) 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.438 of 2023, 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.438 of 2023, on the file of the
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Crl.O.P.(MD)No.19479 of 2024
first respondent Police, is quashed and the terms of joint compromise
memo dated 15.11.2024, shall form part and parcel of this order.
03.01.2025
NCC : Yes / No
Index : Yes / No
MR
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Crl.O.P.(MD)No.19479 of 2024
To
1. The Inspector of Police
Tirunelveli Taluk Police Station,
Tirunelveli 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.19479 of 2024
M.NIRMAL KUMAR, J.
MR
Crl.O.P.(MD)No.19479 of 2024
03.01.2025
https://www.mhc.tn.gov.in/judis
