Madras High Court
Rajesh vs State Rep on 23 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.613 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.613 of 2025
1.Rajesh
2.Palani
3.Manikandan
4.Arumugam @ Kalagapuli
5.Chandramohan
6.Sathish @ Sathishkumar ... Petitioners
Vs.
1.State rep. ,by
The Inspector of Police,
Nainarkoil Police Station,
Ramanathapuram District.
Crime No.119 of 2018
2.Vinoth Raja
3.Mari @ Mariyammal ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
2023, to call for the records relating to the impugned charge sheet in
S.C.No.221 of 2023 on the file of the Principal District and Sessions
Judge, Ramanathapuram, Ramanathapuram District, in FIR in Crime No.
119 of 2018 dated 09.11.2018 on the file of the first respondent and
quash the same in so far as the petitioners are concerned.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.613 of 2025
For Petitioners : Mr.K.Yasar Arafath
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Mr.J.Mohamed Ibrahim
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 S.C.No.221 of 2023 on the file of the Principal District
and Sessions Judge, Ramanathapuram, Ramanathapuram District and
quash the same as illegal, improper and abuse of process of law.
2. The case of the prosecution is that due to previous enmity, the
petitioners abused the defacto complainant, attacked him and third
respondent and also, damaged his bike. Hence, the case.
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.119 of 2018, after investigation, final
report filed, the same taken cognizance in S.C.No.221 of 2023 on the file
https://www.mhc.tn.gov.in/judis
of the Principal District and Sessions Judge, Ramanathapuram,
Ramanathapuram District, for the offences under Sections 147, 148,
294(b), 324 and 506(2) of IPC and Section 3 of TN Public Property
(Prevention of Damage and Loss) Act and Section 4 of TN Prohibition of
Harassment of Women Act, 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 themselve. Now, both realized their mistakes, reconciled and
second respondent 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 Ms.S.Jane Reeta, SSI of Police, Nainarkovil Police Station,
Ramanathapuram 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.
https://www.mhc.tn.gov.in/judis
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 147, 148, 294(b), 324 and 506(2) of IPC and
Section 3 of TN Public Property (Prevention of Damage and Loss) Act
and Section 4 of TN Prohibition of Harassment of Women Act.
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 S.C.No.221 of 2023 on the file of the Principal
District and Sessions Judge, Ramanathapuram, Ramanathapuram
District, even though, the offences involved are not compoundable in
nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in S.C.No.221 of 2023 on the file of the Principal District
https://www.mhc.tn.gov.in/judis
and Sessions Judge, Ramanathapuram, Ramanathapuram District, is
quashed as against the petitioners and the joint compromise memo shall
form part and parcel of this order.
NCC : Yes / No 23.01.2025
Index : Yes / No
Rmk
To
1.The Principal District and Sessions Judge,
Ramanathapuram, Ramanathapuram District.
2.The Inspector of Police,
Thondi Police Station,
Ramanathapuram 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: 23.01.2025
https://www.mhc.tn.gov.in/judis
