Dharmaraj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P(MD).No.238 of 2025 1.Dharmaraj 2.Ganesan 3.Sakunthala 4.Geetha 5.Pranesh Raj ... Petitioners Vs.
1.The State of Tamil Nadu, rep., by its Inspector of Police, Alanganallur Police Station, Madurai District.
Crime No.405 of 2024 2.Navaneethan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the case in Crime No.405 of 2024 on the file of the first respondent police and quash the same. For Petitioners : Mr.P.Sivachandran For R1 : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side) For R2 : Mr.Paranjothi 1/6
ORDER
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.405 of 2024 on the file of the first respondent Police.
2. The case of the prosecution is that when the defacto complainant came to his house after completing pooja in his daughter's house, the petitioners due to previous enmity way laid the defacto complainant, abused and also attacked him and thereby, the defacto complainant sustained grievous injury. Hence, the complaint.
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.405 of 2024, dated 14.10.2024 for the offences under Sections 126(2), 191(2), 296(b), 115(2) and 351(2) of BNS Act, 2023, 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 2/6
amicably among themselves.
5. A Joint Memo of Compromise, dated 20.12.2024, 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.Uthararaj, SI of Police, Alanganallur Police Station, Madurai, 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 126(2), 191(2), 296(b), 115(2) and 351(2) of BNS Act, 2023.
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. 3/6
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.405 of 2024, pending before the first 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.405 of 2024, on the file of the first respondent Police, is quashed and the terms of joint compromise memo dated 20.12.2024, shall form part and parcel of this order. Consequently, connected Miscellaneous Petition is closed. 09.01.2025 NCC : Yes / No Index : Yes / No Rmk To
1. The Inspector of Police, Alanganallur Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/6
5/6
M.NIRMAL KUMAR, J.
Rmk 09.01.2025 6/6