V.R Ilango v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.892 of 2024 V.R.Ilango ... Petitioner Vs.

1. The Sub Inspector of Police, Thiruvonam Police Station, Thanjavur District.

(Crime No.610 of 2023)

2. Chandhirabose ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the the case in Crime No.610 od 2023 on the file of the first respondent police and quash the same. For Petitioner : Mr.B.Sargunam For R-1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) For R-2 : Mr.A.R.Kannappan 1/6

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.610 of 2023 on the file of the first respondent Police.

2. The case of the prosecution is that due to previous enmity with regard to loan amount, the petitioner threatened the defacto complainant and his family members. Hence this present case.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner 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.610 od 2023, dated 09.09.2023 for the offences under Sections 294(b), 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, against the petitioner.

4. The case is still under the investigation. By passage of time, the 2/6

parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

5. A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by G.T.Murugesan, Sub Inspector of Police, Thiruvonam Police Station, Thanjavur 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, the dispute is of personal in nature and now the parties had compromised. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 294(b), 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003. 3/6

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.610 of 2023, 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.610 of 2023 on the file of the first respondent Police, is quashed and the terms of joint compromise memo, shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

22.11.2024 NCC : Yes / No Index : Yes / No jbr 4/6

To 1.The Sub Inspector of Police, Thiruvonam Police Station, Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

M.NIRMAL KUMAR, J.

jbr 22.11.2024 6/6