Ranjith 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.11024 of 2022 Ranjith ... Petitioner Vs

1. The Inspector of Police, Lalgudi Police Station, Trichy District (Crime No. 276 of 2021).

2. Ranjith ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to quash the FIR in Crime No.276 of 2021, on the file of the first respondent police.

For petitioner : Mr.P.Venkatesan For Respondents : Mr.A.Albert James (R1) Government Advocate (Crl.Side) Mr.K. Vijaya Kumar(R2) 1/5

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.276 of 2021, on the file of the first respondent police. 2.The case of the prosecution is that due to land dispute, on 16.04.2021, the petitioner abused the second respondent using the caste name and assaulted him with bike key and also criminally threatened him. 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 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 Mr.J.Ranjith, Grade I Constable, Lalgudi Police Station, Trichy. This Court 2/5

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 294(b), 323, 324, 506(i)IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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.276 of 2021 pending before the first respondent police, even though, the offences involved are not compoundable in nature. 3/5

8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.276 of 2021 on the file of the first respondent police, is quashed insofar as the petitioner 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, Lalgudi Police Station, Trichy District (Crime No. 276 of 2021) 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.11024 of 2022 30.06.2022 5/5