Madras High Court
Sivakumar vs The State Through on 6 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.22584 of 2024
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.22584 of 2024
and Crl.M.P(MD).No.14085 of 2024
1.Sivakumar
2.Maniyarasan
3.Kannan ... Petitioners
Vs.
1.The State through,
The Inspector of Police,
Mamsapuram Police Station,
Virudhunagar District.
2.Muniyandi ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records connected with the impugned FIR in Crime No.26
of 2023 on the file of the first respondent and quash the same as illegal as
against the petitioners.
For Petitioners : Mr.R.Alagumani
For R1 : Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side) \
For R2 : Mr.S.Mohammed Yunnis Raja
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22584 of 2024
ORDER
The Criminal Original Petition has been filed to quash the First
Information Report in Crime No.26 of 2023 on the file of the first
respondent Police.
2. The case of the prosecution is that on 12.02.2023, the defacto
complaint, his wife and son went for fishing in Vazhankulam Kanmaoi,
at that time, the petitioners came there and quarreled with the defacto
complainant and when the same was questioned, they had also abused,
threatened and attacked him. Hence this present case.
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
on that basis, F.I.R. came to be registered in Crime No.26 of 2023, dated
12.02.2023 for the offences under Sections 294(b), 323, 506(2) and 379
of IPC against the petitioners.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22584 of 2024
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 14.12.2024, 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.K.Gnanasekaran, SSI of Police,
Mamasapuram Police Station, Virudhunagar 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 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), 323, 506(2) and 379 of IPC.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22584 of 2024
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.26 of 2023, pending before the first
respondent Police, even though, the offences involved are not
compoundable in nature.
9. At this juncture, the learned Government Advocate (crl.side)
submitted that in this case investigation has been completed and charge
sheet has also been filed, which is yet to be taken on file.
10. In view of the above, this Criminal Original Petition stands
allowed and as a sequel, the proceedings in Crime No.26 of 2023, on the
file of the first respondent Police, is quashed. In view of the quashment
of FIR, all further consequential proceedings in Crime No.26 of 2023 is
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22584 of 2024
also quashed. The terms of joint compromise memo dated 14.12.2024,
shall form part and parcel of this order. Consequently, connected
Miscellaneous Petition is closed.
06.01.2025
NCC : Yes / No
Index : Yes / No
Rmk
To
1.The Inspector of Police,
Mamsapuram Police Station,
Virudhunagar 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.22584 of 2024
M.NIRMAL KUMAR, J.
Rmk
Crl.O.P.(MD)No.22584 of 2024
06.01.2025
https://www.mhc.tn.gov.in/judis
