Madras High Court
Selvam @ Joseph Bellarmin vs State Of Tamil Nadu on 6 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.23 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.23 of 2025
and Crl.M.P(MD).Nos.48 and 49 of 2025
1.Selvam @ Joseph Bellarmin
2.Aswanth @ Asintu @ Aswanth Brandel
3.Alan @ Alan Brandel ... Petitioners
Vs.
1.State of Tamil Nadu
rep., by the Inspector of Police,
Kanyakumari Police Station,
Kanyakumari District.
Crime No.473 of 2016
2.Sahaya Xavier Arul ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records pertaining to the case registered in Charge
sheet in CC.No.277 of 2020 on the file of the learned Judicial Magistrate
Court NO.I, Nagercoil, Kanyakumari District and quash the same as
illegal so far as this petitioner is concerned.
For Petitioners : Mr.G.Anto Prince
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.23 of 2025
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Mr.Surya
ORDER
This Criminal Original Petition has been filed, invoking Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to call
for the records in C.C.No.277 of 2020 on the file of the learned Judicial
Magistrate Court NO.I, Nagercoil, Kanyakumari District, and quash the
same as illegal, improper and abuse of process of law.
2. The case of the prosecution is that on 08.10.2016 at about 03.00
pm., when the defacto complaint was loading fish, the accused persons
questioned the defacto complainant and also abused, pushed and
assaulted him, thereby he sustained injury. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit
that the second respondent lodged a complaint before the first respondent
and F.I.R. registered in Crime No.473 of 2016, after investigation, final
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report filed, the same taken cognizance in CC.No.277 of 2020 on the file
of the learned Judicial Magistrate Court NO.I, Nagercoil, Kanyakumari
District, for the offences under Sections 294(b), 506(2) and 352 I.P.C.
against the petitioners.
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. Now, the second respondent is agreeing to withdraw
the complaint, not willing to pursue the case.
5. A Joint Memo of Compromise filed before this Court signed by
the petitioners and the second respondent and their respective counsels.
The petitioners and the second respondent present before this Court,
identified by Mr.S.Suresh, SSI of Police, Kanyakumari Police Station,
Kanyakumari District, as well as by the learned counsels appearing for
the parties. This Court enquired both the parties, satisfied that the parties
have come to an amicable settlement between themselves on their own
voluntarily without any compulsion.
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6. In the instant case, where the parties have compromised the
matter, the High Court has to power to quash the complaint for the
offence under Sections 294(b), 506(2) and 352 I.P.C..
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 CC.No.277 of 2020 on the file of the learned Judicial
Magistrate Court NO.I, Nagercoil, Kanyakumari District, even though,
the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in CC.No.277 of 2020 on the file of the learned Judicial
Magistrate Court NO.I, Nagercoil, Kanyakumari District, is quashed as
against the petitioners and the joint compromise memo shall form part
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and parcel of this order. Consequently, connected Miscellaneous
Petitions are closed.
NCC : Yes / No 06.01.2025
Index : Yes / No
Rmk
To
1.The Judicial Magistrate Court NO.I, Nagercoil,
Kanyakumari District.
2.The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
Rmk
Order made in
Dated: 06.01.2025
https://www.mhc.tn.gov.in/judis
