Thamotharan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Thamotharan 2.Ayyanar 3.Arumugam 4.Ganesan 5.Murugalakshmi 6.Mariselvam 7.Muthuvel 8.Murugan @ Meesaikaran 9.Shanmugam 10.Marimuthupandian 11.Karuppasamy 12.Karuppasamy 13.Sakthivel 14.Kanagu @ Kanagaraj 15.Vadivel @ Vadivelmurugan 16.Chinnamuthu 17.Maharaja 18.Mariyappan 19.Marimuthu ... Petitioners 1/6
Vs.
1The State rep.by the Inspector of Police, Kooppampatti Police Station, Thoothukudi District.
Crime No.228 of 2021.
2.Solairaj
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with the impugned FIR in Crime No.228 of 2021, on the file of the second respondent Police and quash the same as against the petitioners. For Petitioners : Mr.A.S.Vaigunth For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R3 : Mr.S.P.Veerapandi
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to call for the records in connection with the impugned FIR in Crime No.228 of 2021, on the file of the first respondent Police and quash the same.
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2. The case of the prosecution is that there arose a wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners abused the defacto complainant in filthy language. 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 respondent has lodged a complaint before the second respondent and on that basis, FIR came to be registered in Crime No.228 of 2022, dated 12.09.2021 for the offences under Sections 144, 149, 294(b) IPC r/w 3(1)(r) and 3(1)(s) of SC/ST Prevention of Atrocities, Act, 1989, 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.
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5.The learned Government Advocate (Criminal Side) appearing for the State would submit that the second respondent has not received any amount under the Provisions of SC/ST (POA) Act.
6. 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 Mr.S.Athilingam, S.I, Koppampatti Police Station 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.
7. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 144, 149, 294(b) IPC r/w 3(1)(r) and 3(1)(s) of SC/ST Prevention of Atrocities, Act, 1989.
8. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Panjab and another reported in 4/6
(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.228 of 2021 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.228 of 2021 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. 27.02.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No das 5/6
K.MURALI SHANKAR,J.
das To 1.The State rep.by the Inspector of Police, Kooppampatti Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in Dated: 27.02.2023 6/6