Kamaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Kamaraj 2.Saimon 3.Ranjini Jothiboy ... Petitioners Vs.

1.State represented by The Inspector of Police, Meignanapuram Police Station, Sathankulam Taluk, Thoothukudi District.

(Crime No.108 of 2022) 2.Gnana Satheesh Kumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Charge Sheet in C.C.No.232 of 2022 on the file of the learned Judicial Magistrate Court, Sathankulam and quash the same as illegal. 1/6

For Petitioners : Mr.S.R.Anbarasu For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R2 : Mr.V.Angusamy

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the Charge Sheet in C.C.No.232 of 2022 on the file of the learned Judicial Magistrate Court, Sathankulam and quash the same as illegal.

2. 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.108 of 2022 against the petitioners/accused 1 to 3 and after investigation and filing of the final report, the same was taken cognizance in C.C.No.232 of 2022 on the file of the Judicial Magistrate, Sathankulam against the petitioners 1 and 2 for the offences under Sections 294(b), 506(2), 325 and 326 IPC.

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3. The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. It is evident from the records that the third petitioner originally was made an accused in the FIR, but subsequently, her name does not find place in the charge sheet. Anyway, she is present before this Court.

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.M.Vijaya Das, Sub Inspector of Police, Meignanapuram 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, the dispute is of personal in nature and the parties had compromised. Where the parties have compromised the 3/6

matter, the High Court has to power to quash the complaint for the offence under Sections 294(b), 506(2), 325 and 326 IPC.

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.232 of 2022 pending before the Judicial Magistrate, Sathankulam, 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.232 of 2022, on the file of the Judicial Magistrate, Sathankulam, is quashed as against the petitioners 1 and 2 and the joint compromise memo shall form part and parcel of this order. 14.12.2022 Index :

Yes / No Internet :

Yes / No csm 4/6

To 1.The Judicial Magistrate, Sathankulam.

2.The Inspector of Police, Meignanapuram Police Station, Sathankulam Taluk, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 14.12.2022 6/6