Arockiyam @ Arockiasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.Arockiyam @ Arockiasamy 2.Saravanan 3.Palanisamy ... Petitioners/Accused Nos.1 to 3 Vs.

1.The Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.244 of 2021) ...1st Respondent/Complainant 2.Gnanaraj ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the First Information Report in Crime No.244 of 2021 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.V.Subash Chandra Bose For R1 : Mr.A.Albert James Government Advocate (Crl.side) For R2 : Mr.K.Arunraj 1/5

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.244 of 2021 on the file of the first respondent police. 2.The case of the prosecution is that on 20.04.2021 at about 9.00 a.m., the petitioners and their henchmen assaulted the 2nd respondent/defacto complainant and his brother and threatened them with dire consequences. Hence, the de facto complainant gave a complaint before the first respondent and the same was registered in Crime No.244 of 2021 for the offences under Sections 147, 148, 294(b), 323, 324, 427 and 506(ii) of IPC. 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 also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by 2/5

Mr.M.Nagarajan, SI of Police, Manapparai Police Station, Trichy District as well as by the learned Counsels appearing for the parties. 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, 148, 294(b), 323, 324, 427 and 506(ii) of 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.244 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.244 of 2021 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. 18.08.2022 Internet:Yes/No Index:Yes/No vsd To 1.The Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.244 of 2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J.

vsd ORDER IN 18.08.2022 5/5