Madras High CourtCRL OP(MD)/15761/2024allowed

Gunapal v. The State Of Tamilnadu

2024-10-18Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.(MD)No.15761 of 2024 1.Gunapal 2.Naveenkumar 3.Munishwaran 4.Ajithkumar 5.Thirumalaipandyan ... Petitioners/A1 to A5 vs.

1.State of Tamil Nadu, Rep. by the Inspector of Police, Crime No.261 of 2024 ... Respondent/Complainant 2.Ilangovan ... Respondent/Informant Prayer:- Petition filed under Section 528 of BNSS, to call for the records pertaining to the FIR in Crime No.261 of 2024, dated 14.08.2024 on the file of the respondent, Elayangudi Police Station, Sivagangai District and quash the same.

For Petitioners : Mr.K.Rajiv Gandhi For R1 : Mr.P.Kottaichamy Government Advocate (Crl. side) For R2 : Mr.M.Manikandan 1/5

Crl.O.P.(MD)No.15767 of 2024 1.Ilangovan 2.Shanmugam 3.Renuka 4.Chithra 5.Kabibalan ... Petitioners/A1 to A5 vs.

1.State of Tamil Nadu, Rep. by the Inspector of Police, Crime No.262 of 2024 ... Respondent/Complainant 2.Naveenkumar ... Respondent/Informant Prayer:- Petition filed under Section 528 of BNSS, to call for the records pertaining to the FIR in Crime No.262 of 2024, dated 14.08.2024 on the file of the respondent, Elayangudi Police Station, Sivagangai District and quash the same.

For Petitioners : Mr.K.Rajiv Gandhi For R1 : Mr.P.Kottaichamy Government Advocate (Crl. side) For R2 : Mr.M.Manikandan COMMON ORDER These petitions are filed to quash the FIR in Crime Nos.261 and 262 of 2024, dated 14.08.2024 on the file of the first respondent. 2/5

2.The learned counsel for the petitioners seeks quashment of the case on compromise. A joint compromise memo is also filed in both cases. The learned counsel submits that the occurrence is a case and counter arising out of a temple festival.

3.I have gone through the allegations made in both cases. It can be seen that during the temple festival, a wordy quarrel arose, pursuant to which, both sides are said to have attacked each other, on account of which the case has been registered. Now all these parties are residing in the same neighbourhood and they have since compromised the issue and are living the life amicably.

4.Considering the overall facts and circumstances of the case, I am of the view that this case will squarely fall within the parameters as laid down by the Hon'ble Supreme Court of India in Gian Singh vs. State of Punjab & Another reported in 2012 (10) SCC 303. In view thereof, invoking the extraordinary power under Section 482 of the Code of Criminal Procedure, I deem it fit to quash both the cases. 3/5

5.Accordingly, these petitions are allowed and the First Information Reports in Crime Nos.261 and 262 of 2024 shall stand quashed. The memorandum of compromise shall form part of the order. 18.10.2024 NCC : Yes / No sji To 1.The Inspector of Police, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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D.BHARATHA CHAKRAVARTHY, J.

sji 18.10.2024 5/5