Marimuthu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Marimuthu 2.Aandi ... Petitioners Vs.

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

(Cr.No.403 of 2022) 2.Vignesh ... Respondents PRAYER : Criminal Original Petition filed under Section 528 BNSS, to call for the records in connection with the impugned charge sheet in C.C.No.669 of 2023 pending on the file of the learned District Munsif cum Judicial Magistrate Court, Vedasendur and quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.S.Sarvagan Prabhu For R1 : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) For R2 : Mr.E.Jayakumar 1/6

ORDER

This Criminal Original Petition has been filed seeking orders to call for the records pertaining to the proceedings in C.C.No.669 of 2023 on the file of the learned District Munsif cum Judicial Magistrate Court, Vedasendur and quash the same as against the petitioners. 2.The case of the prosecution is that the first petitioner herein received a sum of Rs.1,800/- from the defacto complainant to purchase hen and thereafter, he failed to do the same and that when the defacto complainant questioned about the same, the accused abused him in filthy language and also attacked him and hence, the defacto complainant has lodged a complaint.

3.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.403 of 2022 and after investigation and filing of the final report, the same was taken cognizance in C.C.No.669 of 2023 on the file of the District 2/6

Munsif cum Judicial Magistrate Court, Vedasendur, for the offences under Sections 294(b), 323 and 506(2) IPC against the petitioners. 4.The case is under trial. 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 has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsels. The petitioners and the second respondent are present before this Court and and they were identified by Mr.A.Muthuchamy, Special Sub Inspector of Police, Vadamadurai 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. 6.In the instant case, it is a money dispute and 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 294(b), 323 and 506(2) IPC.

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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 C.C.No.669 of 2023, on the file of the District Munsif cum Judicial Magistrate Court, Vedasendur, even though, the offences involved are not compoundable in nature.

9.Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C.No.669 of 2023, on the file of the District Munsif cum Judicial Magistrate Court, Vedasendur, is quashed and the joint compromise memo shall form part and parcel of this order. 28.10.2024 NCC :

Yes / No Index :

Yes / No Internet :

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To 1.The District Munsif cum Judicial Magistrate Court, Vedasendur 2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

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K.MURALI SHANKAR,J.

gns 28.10.2024 6/6