Narasingam v. State Of Tamil Nadu Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)Nos.14720 and 15753 of 2024 1.Narasingam 2.Bose Karuppaiah 3.Murali @ Muthukumar 4.Pratheeshkumar @ Pradees Kumar 5.Sanker @ Shankar 6.Ragul : Petitioners/A1 to A6 ( in Crl.OP(MD)No.14720 of 2024) Ramesh @ Ramesh Kumar : Petitioner/A7 ( in Crl.OP(MD)No.15753 of 2024) Vs.

1.State rep by The Inspector of Police, Alagappapuram Police Station, Sivagangai District.

Crime No.48 of 2024.

2.Vikki @ Vigneshwaran 3.Naveen @ Naveenraj : Respondents (in both petitions) 1/6

COMMON PRAYER : Criminal Original Petitions filed under Section 528 of BNSS, to call for the records relating to the proceedings in Crime No.48 of 2024, dated 03.08.2024 on the file of the first respondent police and quash the same as illegal.

(in both petitions) For Petitioners : Mr.R.Vinoth For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side) for R1.

: Mr.P.Suresh, for R2 & R3.

COMMON ORDER These Criminal Original Petitions have been filed, invoking Section 528 B.N.S.S., seeking orders to quash the FIR in Crime No.48 of 2024, dated 03.08.2024 on the file of the first respondent police.

2. The case of the prosecution is that on 31.07.2024, there arose some wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners abused the defacto complainant in filthy language, attacked him and caused injuries and threatened him with dire consequences. Hence, the complaint.

2/6

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioners would submit that the second respondent has lodged a complaint before the first respondent and on that basis, FIR came to be registered in Crime No.48 of 2024, dated 03.08.2024 for the offences under Sections 191(2), 296(b), 115(2) and 351(1) of BNS against the petitioners. He would further submit that the counter case has been registered in Crime No.47 of 2024.

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 have been filed before this Court which have been signed by the petitioners and the private respondents and also by their respective counsel. The petitioners and the private respondents were also present in person before this Court and they were identified by Mr.H.Balan, HC 193, Alagappapuram Police Station, Sivagangai District as well as by the learned counsels appearing for the 3/6

parties. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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 191(2), 296(b), 115(2) and 351(1) of BNS.

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.48 of 2024 pending before the first respondent police, even though, the offences involved are not compoundable in nature. 4/6

9. Accordingly, these Criminal Original Petitions stand allowed and as a sequel, the proceedings in Crime No.48 of 2024 on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

23.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Inspector of Police, Alagappapuram Police Station, Sivagangai District.

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

5/6

K.MURALI SHANKAR,J.

das Order made in Crl.O.P.(MD)Nos.14720 and 15753 of 2024 Dated: 23.10.2024 6/6