Madras High Court
Cherman @ Sermam vs The State Rep on 23 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.2319 of 2024
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.2319 of 2024
Cherman @ Sermam ... Petitioner
Vs.
1.The State rep., by
The Sub-Inspector of Police,
V.K.Pudur Police Station,
Tirunelveli District.
Crime No.358 of 2020
2.Muthupandi ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Cr.P.C., to quash the charge sheet filed by the first respondent police in
C.C.No.464 of 2022 on the file of the Judicial Magistrate Court,
Alangulam, Tirunelveli District.
For Petitioners : Mr.N.Pragalathan
For R1 : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
For R2 : Mr.K.Muthurakkan
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2319 of 2024
ORDER
This Criminal Original Petition has been filed seeking orders to
call for the records in C.C.No.464 of 2022 on the file of the Judicial
Magistrate Court, Alangulam, Tirunelveli District and quash the same as
illegal, improper and abuse of process of law.
2. The case of the prosecution is that the second respondent is the
Car driver and on 30.12.2020 when the second respondent parked his car
in front of tea shop, at that time, the petitioner came there, due to
previous wordy quarrel, the petitioner abused the defacto complainant
with filthy language, threatened and also demanded money from him.
Hence, the defacto complainant lodged a complaint against the
petitioner.
3. The learned counsel appearing for the petitioner would submit
that the second respondent lodged a complaint before the first respondent
and F.I.R. registered in Crime No.358 of 2020, after investigation, final
report filed, the same taken cognizance in C.C.No.464 of 2022 on the file
of the Judicial Magistrate Court, Alangulam, Tirunelveli District, for the
https://www.mhc.tn.gov.in/judis
offences under Sections 294(b), 387 and 506(2) I.P.C. against the
petitioner.
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, for the reason, sudden wordy quarrel lead to
exchange of blows. 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 petitioner and the second respondent and their respective counsels.
The petitioner and the second respondent present before this Court,
identified by Mr.A.Anthony Baskar, SSI of Police, V.K.Pudur Police
Station, Tenkasi 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 294(b), 387 and 506(2) 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 C.C.No.464 of 2022 on the file of the Judicial
Magistrate Court, Alangulam, Tirunelveli District, even though, the
offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in C.C.No.464 of 2022 on the file of the Judicial Magistrate
Court, Alangulam, Tirunelveli District, is quashed as against the
https://www.mhc.tn.gov.in/judis
petitioner 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 Judicial Magistrate Court, Alangulam, Tirunelveli District.
2.The Sub-Inspector of Police,
V.K.Pudur Police Station,
Tirunelveli 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
