Kumaresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Kumaresan 2.Pakalavan 3.Sathishkumar 4.Ramani 5.Santhanalakshmi 6.Dinoth Kumar ... Petitioners/A1 to A6 vs.

1.The State Rep. Through, The Inspector of Police, Jeyamangalam Police Station, Theni District.

Crime No.301 of 2021 2.M.Muthulakshmi ... Respondent No.1/Complainant Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in Crime No.301 of 2021 on the file of the first respondent, quash the same.

For Petitioner : Mr.K.Dinesh For R1 : Mrs.M.Aasha Government Advocate (Crl. side) 1/4

ORDER

The petition is filed to quash the First Information Report in Crime No.301 of 2021 on the file of the first respondent. 2.The learned counsel for the petitioner seeks quashment of the case on compromise. The Joint Memo of Compromise is also filed. All the parties are present before this Court. The Court enquired with the parties. The parties had understood the terms of compromise. The defacto complainant is present before the Court and submits that the case can be quashed on compromise and that she does not want to pursue the case further.

3.As per the judgment dictum of the Hon'ble Supreme Court of India in Gian Singh vs. State of Punjab & Another reported in 2012 (10) SCC 303, this Court has to see the gravamen of allegations and the nature of occurrence before deciding to exercise its power under Section 482 of the Code of Criminal Procedure. This is a case and counter. Already, the counter case has also been since quashed on compromise. 2/4

4.A perusal of the statements made by the witnesses and the nature of allegations, it would be clear that it is a dispute between the relatives and members of the family and as such, predominantly private in nature and this is a fit case for exercise of power by this Court under Section 482 of the Code of Criminal Procedure. 5.Accordingly, the joint compromise memo is taken on record. The terms of compromise shall form part of the order. The First Information Report in Crime No.301 of 2021 on the file of the respondent police shall stand quashed and this petition is allowed. 17.10.2024 NCC : Yes / No sji To 1.The Inspector of Police, Jeyamangalam Police Station, Theni District.

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

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D.BHARATHA CHAKRAVARTHY, J.

sji 17.10.2024 4/4