Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10936 of 2022

1. Sathish Kumar

2. ASR Ramesh

3. Karthick @ Karthikeyan

4. Senthil @ Senthilkumar

5. Hari @ Hariharan ... Petitioners Vs

1. The Inspector of Police, Aranthangi Police Station, Pudukottai District.

Crime No. 269 of 2022.

2. Sathish Kumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to quash the FIR in Crime No.269 of 2022, on the file of the first respondent police.

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For Petitioners : Mr.D.Venkatesh For Respondents : Mr.A.Albert James (R1) Government Advocate (Crl.Side) Mr.T. Lenin Kumar(R2)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.269 of 2022, on the file of the first respondent police. 2.The case of the prosecution is that on 12.05.2022 when the second respondent along with his friends went to ASR Shop, at that time, the petitioners due to previous motice, abused the second respondent by using filthy language and assaulted him with hands and also threatened him with dire consequences. Hence, the complaint.

3.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and 2/5

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.A.Veeramuthu, SI of Police, Aranthangi Police Station. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5.In the instant case, the dispute is of personal in nature and the parties had compromised. Where the parties have compromised the matter, the High Court has to power to quash the complaint for the offence under Sections 147, 294(b), 323, 506(i)IPC.

6.The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Panjab and another reported in (2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported in (2017)9 SCC 641 were taken into consideration. 7.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.269 of 2022 pending before the first respondent 3/5

police, even though, the offences involved are not compoundable in nature. 8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.269 of 2022 on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. 30.06.2022 Internet:Yes./No Index:Yes/no PNM To

1. The Inspector of Police, Aranthangi Police Station, Pudukottai District.

Crime No. 269 of 2022.

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

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V.SIVAGNANAM, J.

PNM ORDER IN CRL.O.P (MD) No.10936 of 2022 30.06.2022 5/5