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Madras High CourtCRL OP(MD)/13629/2022allowed

U.Gopal @ Gopalakrishnan v. The Inspector Of Police

2022-08-03Honourable Mr Justice V.Sivagnanam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.13629 of 2022 and Crl.M.P(MD) No. 8715 of 2022

1. U.Gopal @ Gopalakrishnan

2. A.Thirumurugan

3. A. Neru @ Nerumurugan

4. M. Harish- Minor Represented by his father and Guardian K.Manikandan

5. V.Dhanapal

6. S.Nagasamy

7. A.Muniyasamy @ Korali Muniyasamy

8. V.Thangaraju @ Thangasamy

9. A.Moorthy

10. M.Boopathi

11. A.Velusamy

12. M.Karuppasamy

13. M.Ramasamy

14. U.Arumugam @ Kurukal Arumugam

15. U.Udayakumar @ Kathadi

16. V.Selvaraj

17. A.Prem Anand @ Singathurai

18. K.Velmurugan

19. R.Arumugam @ Motor Arumugam ... Petitioners/Accused Nos.1 to 3 & 5 to 19 1/6

Vs

1. The State Represented by The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

(in Crime No.156 of 2022) ... 1st Respondent/ Complainant

2. S.Bose ... 2nd Respondent/ defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records and quash the proceeding of the FIR in Crime No.156 of 2022, on the file of the first respondent police, dated 05.07.2022 for the alleged offence under Sections 147, 148, 341, 294(b), 323, 336 and 506(ii) I.P.C., as far as the petitioners are concerned. .

For Petitioners : Mr.T.Thirumurugan For R1 : Mr.A.Albert James Government Advocate (Crl. Side) For R2 : Mr.P.Vetrivel

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.156 of 2022, on the file of the first respondent. 2/6

2. The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.156 of 2022 for the offences punishable under Sections 147, 148, 341, 294(b), 323, 336 and 506(ii) I.P.C., against the petitioners.

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. The learned counsel for the petitioners submitted that it is a case and case in counter. The defacto complainant and the accused persons are belong to the same villages. They settled the matter out of the Court and they have been filed a Joint Memo of Compromise before this Court which have been signed by the petitioners 1 to 3 and 5 to 19 and the second respondent and also by their respective counsel. Since the 4th petitioner is a minor, his father signed in the memo on behalf of his son. The petitioners 3/6

and the second respondent were also present in person before this Court and they were identified by the learned Government Advocate and Mr.K.Selvam, Sub-Inspector of Police, Muthukulathur Police Station, Ramanathapuram District. 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 F.I.R in Crime No.156 of 2022 for the offence under Sections 147, 148, 341, 294(b), 323, 336 and 506(ii) I.P.C.

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. 4/6

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.156 of 2022 pending before the first respondent 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.156 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. Consequently, the connected Miscellaneous Petition is closed. 03.08.2022 Internet:Yes./No 4/4 Index:Yes/no ebsi To

1. The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

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

5/6

V.SIVAGNANAM, J.

ebsi ORDER IN CRL.O.P (MD) No.13629 of 2022 03.08.2022 (4/4) 6/6