Madras High Court
Thangaraj vs State Of Tamil Nadu on 23 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.375 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.375 of 2025
1.Thangaraj
2.Ponnaiah ... Petitioners
Vs.
1.State of Tamil Nadu
rep., by The Inspector of Police,
Shanarpatty Police Station,
Dindigul District.
Crime No.121 of 2024
2.Muthuraja ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records relating to the first information report in Crime
NO.121 of 2024 on the file of the first respondent/the Inspector of
Police, Shanarpatty Polie Station, Dindigul District and quash the same
as illegal.
For Petitioners : Mr.S.Arjun
For R1 : Mr.K.Sanjai Gandhi
Government Advocate(Crl.Side) \
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.375 of 2025
For R2 : Mr.B.Vinothkumar
ORDER
The Criminal Original Petition has been filed to quash the First
Information Report in Crime No.121 of 2024 on the file of the first
respondent Police.
2. The case of the prosecution is that the defacto complainant
purchased four wheeler vehicle bearing Registration No.TN 57 BD 2739
for a sum of Rs.4,25,000/- from the petitioners. The defacto complainant
paid the amount and received RC Book and other documents. On
06.01.2024, the defacto complaint approached the RTO Office for name
transfer of vehicle, at that time, engine number was verified from the RC
Book, but the Chassis number was different from RC Book. Hence, the
name transfer of the vehicle was refused. When the same was questioned
by the defacto complainant, the petitioners abused him. Thereafter, the
defacto complainant lodged a complaint, based on which, CSR NO.120
of 2024 was assigned and enquiry was conducted. During enquiry, the
petitioners undertakes to change the chassis number and the defacto
complainant also hand over the original RC book to them. However, the
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petitioners could not change the chassis number and returned the RC
Book to the defacto complainant. On 23.03.2024, A1 undertakes to
return the money of Rs.4,25,000/- and obtained RC Book and other
original document, but till date they did not turn up. Hence, the 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.121 of 2024,
dated 30.03.2024 for the offences under Sections 406, 420, 294(b) and
506(2) of 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 23.01.2025, 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
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and the second respondent were also present in person before this Court
and they were identified by Mr.K.Murugan, SSI of Police, Shanarpatty
Police Station, Dindigul 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, where the parties have compromised the
matter, the High Court has power to quash the complaint for the offences
under Sections 406, 420, 294(b) and 506(2) of 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.121 of 2024, pending before the first
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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.121 of 2024, on the file of the
first respondent Police, is quashed and the terms of joint compromise
memo dated 23.01.2025, shall form part and parcel of this order.
23.01.2025
NCC : Yes / No
Index : Yes / No
Rmk
To
1.The Inspector of Police,
Shanarpatty Police Station,
Dindigul District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
Rmk
23.01.2025
https://www.mhc.tn.gov.in/judis
