Madras High Court
Sekar @ Rajasekaran vs State Of Tamil Nadu Rep By on 21 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
and Crl.M.P(MD) No.12277 of 2024 & 791 of 2025
Sekar @ Rajasekaran
... Petitioner in Crl.O.P(MD) No.19923 of 2024
1. Abishek
2. Arun Prasath
3. Praveen
4. Adaikkalam
5. Anbarasu
6. Prabhu
... Petitioners in Crl.O.P(MD) No.1155 of 2025
Vs
1. State of Tamil Nadu Rep By,
The Sub Inspector of Police,
Ponnamaravathi Police Station,
In Cr No.57/2024.
Pudukkottai District.
2. Vigneswaran
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
... Respondents in both petitions
COMMON PRAYER : Criminal Original Petition filed under Section
528 of BNSS, to call for the records in impugned FIR in Crime No. 57
of 2024 on the file of 1st respondent dated 08.04.2024 and quash the
same as illegal.
In both petitions:
For Petitioners : Mr.K.Jeyamohan
For R1 : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
For R2 : Mr.S.Ahamed Kadar Ibrahim
COMMON ORDER
These Criminal Original Petitions have been filed to quash
the First Information Report in Crime No.57 of 2024 on the file of the
first respondent Police.
2. The case of the prosecution is that due to previous enmity
on 06.04.2024, during the temple festival, the accused persons abused
and assaulted one Deepuraj and the defacto complainant/R2 and
threatened them with dire consequences. 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
respondent has lodged a complaint before the first respondent Police and
on that basis, F.I.R. came to be registered in Crime No.57 of 2024, dated
08.04.2024 for the offences under Sections 147, 294(b), 323, 324 and
506(ii) 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 20.01.2025, 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.C.P.Manikandan, SI of Police,
Ponnamaravathi Police Station, Pudukottai 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
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, 294(b), 323, 324 and 506(ii) 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.57 of 2024, pending before the
first respondent Police, even though, the offences involved are not
compoundable in nature.
9. Accordingly, these Criminal Original Petitions stand
allowed and as a sequel, the proceedings in Crime No.57 of 2024, on the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
file of the first respondent Police, is quashed and the terms of joint
compromise memo, shall form part and parcel of this order.
Consequently, connected miscellaneous petitions are closed.
21.01.2025
NCC : Yes / No
Index : Yes / No
PNM
To
1. The Sub Inspector of Police,
Ponnamaravathi Police Station,
In Cr No.57/2024.
Pudukkottai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
M.NIRMAL KUMAR, J.
PNM
COMMON ORDER IN
Crl.O.P.(MD)Nos.19923 of 2024 & 1155 of 2025
and Crl.M.P(MD) No.12277 of 2024 & 791 of 2025
21.01.2025
https://www.mhc.tn.gov.in/judis
