P.Rajeshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.OP(MD). No.14864 of 2023

1. P.Rajeshkumar

2. Saravanakumar @ Balakrishnan

3. Arunkumar @ Arun

4. Deepan Chakkaravarthi

5. Hari Krishnan

...Petitioners / Accused Nos. 1 to 5

Vs.

1. The State, Rep by the Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No.71 of 2023) ... 1st Respondent / Complainant

2. Thangadurai ... 2nd Respondent / De-facto Complainant

3. Sureshkumar

4. Vigneshwararaja

5. Nagapandi ... 3 to 5th Respondents / De-facto Complainant 1/5

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to FIR in Crime No.71 of 2023 dated 02.02.2023 on the file of the Inspector of Police, Batlagundu Police Station, Dindigul District and quash the same. For Petitioners :

M/s.Balasubramanian.P For R-1 :

M/s.M.Aasha Government Advocate (Crl. Side) For R2 to R5 :

Mr.D.Rameshkumar

ORDER

This criminal original petition is filed with the prayer to call for the records relating to the F.I.R. in Crime No.71 of 2023 dated 02.02.2023 on the file of the Inspector of Police, Batlagundu Police Station, Dindigul District and quash the same.

2. The learned counsel for the petitioners seeks quashment of the case on compromise. The joint compromise memo is also filed. The parties are also present. The de facto complainants and the victims state that their case can be quashed and they are not willing to press the allegations.

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3. Considering the overall facts and circumstances of this case and the nature of allegations which are made in this case that the dispute which arose on account of pasting the posters, there has been a clash between the parties in which the petitioners are said to have attacked the de-facto complainants and snatched their mobile phones. Considering the statements which are given, I am of the view that the offence is private in nature between the two parties, where a dispute has arisen on account of pasting of poster and as such falls within the four corners as enumerated by the Honourable Supreme Court of India in Gian Singh -vs- State of Punjab & Another reported in 2012(10) SCC303.

4. In view thereof, invoking the inherent power under Section 482 of the Code of Criminal Procedure Code, I am of the view that this is a fit case to be quashed and the F.I.R. in Crime No.71 of 2023 dated 02.02.2023 on the file of the respondent police shall stand quashed. The joint compromise memo shall form part and parcel of the order. 3/5

5. Accordingly, this Criminal Original Petition is allowed. 23.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To

1. The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

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D.BHARATHA CHAKRAVARTHY,J.

pal Order made in CRL OP(MD). No.14864 of 2023 23.10.2024 5/5