Meeran Abdul Kadar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.Meeran Abdul Kadar 2.Mohamed Abubacker Sithick 3.Irshath @ Noohu Meeran ... Petitioners Vs.
1.The State of Tamil Nadu, by the Inspector of Police, Tenkasi Police Station, Tirunelveli.
Crime No.196 of 2017 2.Peer Mohamed ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to CC.No.9 of 2024 on the file of the learned Judicial Magistrate, Alangulam and quash the same. For Petitioners : Mr.T.Leninkumar For R1 : Mr.K.Sanjai Gandhi Government Advocate (crl.side) For R2 : Mr.D.Venkatesh 1/6
ORDER
This Criminal Original Petition has been filed, invoking Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to call for the records in CC.No.9 of 2024 on the file of the learned Judicial Magistrate, Alangulam, and quash the same as illegal, improper and abuse of process of law.
2. The case of the prosecution is that when the second respondent entering in his office campus, the petitioners way laid, abused and also attacked him. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the second respondent lodged a complaint before the first respondent and F.I.R. registered in Crime No.196 of 2017, after investigation, final report filed, the same taken cognizance in C.C.No.9 of 2024 by the learned Judicial Magistrate, Alangulam, for the offences under Sections 341, 294(b), 326 and 506(ii) of IPC against the petitioners. 2/6
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. 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 petitioners and the second respondent and their respective counsels. The petitioners and the second respondent present before this Court, identified by Ms.S.Suganyamanimala, Tenkasi All Women Police Station, 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.
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 341, 294(b), 326 and 506(ii) of IPC. 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 C.C.No.9 of 2024 as against the petitioners pending before the learned Judicial Magistrate, Alangulam, 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.9 of 2024 on the file of the learned Judicial Magistrate, Alangulam, is quashed as against the petitioners and the joint compromise memo shall form part and parcel of this order. 30.01.2025 (3/3) NCC : Yes / No Index : Yes / No Rmk 4/6
To 1.The Judicial Magistrate, Alangulam.
2.The Inspector of Police, Tenkasi Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR, J.
Rmk 30.01.2025 (3/3) 6/6