Sankili @ Sangili v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Sankili @ Sangili 2.Saravanan @ Saravana Kumar 3.Bala @Balamurugan 4.Iruleswaran 5.Ponmurugan 6.Ravichandran : Petitioners/A1 to A6 Vs.
1.State rep by The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.
Crime No.56 of 2015.
2.Boominathan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the proceedings in Crime No.56 of 2018 on the file of the first respondent police and quash the same as far as petitioners are concerned.
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For Petitioners : Mr.P.T.Ramesh Raja For R1 : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) For R2 : Mr.G.Mohan Doss
ORDER
The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to quash the FIR in Crime No.56 of 2018 dated 02.04.2018 pending on the file of the first respondent.
2. The case of the prosecution is that on 01.04.2024, while the defacto complainant was coming in his two-wheeler, the petitioners 1 to 5 have parked an auto and thereby, they have blocked the way for the defacto complainant, due to which, there arose some wordy quarrel, the petitioners abused the defacto complainant in filthy language, attacked him and also caused injuries. Hence, the complaint.
3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioners would submit that the second 2/6
respondent has lodged a complaint before the first respondent and on that basis, FIR came to be registered in Crime No.56 of 2018, dated 02.04.2018 for the offences under Sections 147, 148, 341, 294(b), 323, 342 and 506(i) IPC against the petitioners.
4. The case is still under the investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
5. A Joint Memo of Compromise dated 04.09.2024 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 Mr.G.Ramu, SSI, Uchipuli Police Station, Ramanathapuram 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.
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6. In the instant case, the dispute is of personal in nature and now the parties had compromised. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 147, 148, 341, 294(b), 323, 342 and 506(i) IPC.
7. 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.
8. 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.56 of 2018 pending before the first respondent police, even though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.56 of 2018 on the file of the 4/6
first respondent police, is quashed and the terms of joint compromise memo dated 04.09.2024 shall form part and parcel of this order. 14.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR,J.
das Order made in Dated: 14.10.2024 6/6