Battani Miran @ Pattani Meeran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Battani Miran @ Pattani Meeran 2.Mohamed Igsanullah @ Ikchanullah 3.Mohamed Asik 4.Mohamed Nowful @ Navpul 5.Mohamed Haithan @ Haithan 6.Kathar Pasutheen @ Basudeen 7.Mohamed Sake @ Saheem 8.Santhosh ... Petitioners Vs.

1.The Inspector of Police, R.S. Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.

Crime No.212 of 2022.

2.Satham Ussain @ Satham Hussain ... Respondents 1/6

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.212 of 2022 on the file of the first respondent Police and to quash the same.

For Petitioners : Mr.N.Pragalathan, For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side) for R1.

: Mr.K.Muthu Rakkan, for R2.

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the First Information Report in Crime No.212 of 2022 on the file of the first respondent police and quash the same.

2. The case of the prosecution is that there arose wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners assaulted the defacto complainant and caused injuries. Hence, he lodged a complaint.

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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.212 of 2022 dated 07.08.2022 for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC 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.

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 counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.S.Paranjothi, Head Constable 325, R.S.Mangalam Police Station 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. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) 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 Crime No.212 of 2022 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.212 of 2022 on the file of the 4/6

first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. 11.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das To 1.The Inspector of Police, R.S. Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 11.01.2023 6/6