Madras High Court
Veeranan vs The Deputy Superintendent Of Police on 23 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.1176 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.1176 of 2025
1.Veeranan
2.Mahendran ... Petitioners
Vs.
1.The Deputy Superintendent of Police,
Usilampatti, Madurai District.
Crime No.445 of 2024
2.The Inspector of Police,
Usilampatti Town Police Station,
Madurai District.
Crime No.445 of 2024
3.Raman ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records relating to the FIR registered in Crime No.445 of
2024 pending on the file of the second respondent police and quash the
same as the matter is amicably settled between the parties.
For Petitioners : Mr.J.Karthikeyan
For R1 & R2 : Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side)
For R3 : Mr.R.Ramanujam
1/6
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Crl.O.P.(MD)No.1176 of 2025
ORDER
The Criminal Original Petition has been filed to quash the First
Information Report in Crime No.445 of 2024 on the file of the second
respondent Police.
2. The case of the prosecution is that the defacto complainant was
allotted a house under Government Scheme. Thereafter, due to poverty,
the defacto complainant shifted to Solapur, Maharastra seeking for
occupation. At that time, he handed over his house to one Veeranan/A1
in order to maintain his house. When the defacto complainant come back
his native, the said Veeranan said to have handed over the possession of
house to one Dhanraj. When the same was questioned by the defacto
complainant, the said Veeranan demanded money to hand over the house.
The defacto complainant also paid amount. But, Veeranan did not turn
up, on the other hand, the petitioners abused him with caste name and
threatened. Hence, the complaint.
3. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioners would submit that the third
respondent has lodged a complaint before the second respondent Police
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and on that basis, F.I.R. came to be registered in Crime No.445 of 2024,
dated 22.10.2024 for the offences under Sections 329(4), 296(b) and
351(2) of BNS Act and Sections 3(1)(r), 3(1)(s) and 3(1)(z) of Schedule
Caste and Scheduled Tribes (POA) Act, 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 07.01.2025, has been filed
before this Court, which has been signed by the petitioners and the third
respondent and also by their respective counsel. The petitioners and the
third respondent were also present in person before this Court and they
were identified by Mr.P.Ramakrishnan, SSI of Police, Usilampatti Town
Police Station, Madurai 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. It is also submitted that compensation has not been
received.
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6. In the instant case, where the parties have compromised the
matter, the High Court has power to quash the complaint for the offences
under Sections 329(4), 296(b) and 351(2) of BNS Act and Sections 3(1)
(r), 3(1)(s) and 3(1)(z) of Schedule Caste and Scheduled Tribes (POA)
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 Crime No.445 of 2024, pending before the second
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.445 of 2024, on the file of the
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second respondent Police, is quashed and the terms of joint compromise
memo dated 07.01.2025, shall form part and parcel of this order.
23.01.2025
NCC : Yes / No
Index : Yes / No
Rmk
To
1.The Deputy Superintendent of Police,
Usilampatti, Madurai District.
2.The Inspector of Police,
Usilampatti Town Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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M.NIRMAL KUMAR, J.
Rmk
23.01.2025
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