Kubendran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

1. Kubendran

2. Kalidoss ... Petitioners Vs

1. The State of Tamil Nadu, Rep by the Inspector of Police, Keeraithurai Police Station, Madurai City.

Crime No.792/2023..

2. Gunasekaran ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned Criminal proceedings in S.T.C.No.4229 of 2024 dated 19.08.2024 on the file of the learned Judicial Magistrate No.IV, Madurai and quash the same. For Petitioners : M/s. Mahendra Prabhu. M, For Respondent : Mr.K.Sanjai Gandhi (R1) Government Advocate (Crl.Side) M/s. Veera Kumar (R2) 1/6

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the charge sheet in S.T.C.No.4229 of 2024 on the file of the Judicial Magistrate No.IV Court, Madurai.

2. The case of the prosecution is that on 21.08.2023, the accused persons have abused and attacked the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the second respondent lodged a complaint before the first respondent and an FIR has been registered in Crime No.792 of 2023. After investigation, a final report has been filed and the same was taken cognizance in S.T.C.No.4229 of 2024 on the file of the Judicial Magistrate No.IV Court, Madurai, for the offences under Sections 294(b), 323 IPC, against the petitioners.

2/6

4. The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromised the dispute amicably among themselves, for the reason that sudden wordy quarrel led to exchange of blows, it was not a premeditated attack and both parties contributed to the happenings. Now, both realized their mistakes, reconciled and second respondent is agreeing to withdraw the complaint and is not willing to pursue the case.

5. A Joint Memo of Compromise dated 17.12.2024 is filed before this Court signed by the petitioners and the second respondent and their respective counsels. The petitioners and the second respondent are present before this Court, identified by Mr.A.Inbapandi, Special Sub Inspector of Police, Keeraithurai Police Station, Madurai District, as well as by the learned counsels appearing for the parties. This Court enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves on their own voluntarily without any compulsion.

3/6

6. In the instant case, the dispute is of personal in nature arisen out of wordy quarrel and the sudden quarrel led to exchange of blows and the parties had compromised. When the parties have compromised the matter, the High Court has the power to quash the complaint for the offence under Sections 294(b), 323 IPC.

7. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 was 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 S.T.C.No.4229 of 2024 as against the petitioners pending before the Judicial Magistrate No.IV Court, Madurai, even though the offences involved are not compoundable in nature.

9. Accordingly, this Criminal Original Petition is allowed and the proceedings in S.T.C.No.4229 of 2024, on the file of the Judicial 4/6

Magistrate No.IV Court, Madurai, is quashed as against the petitioners and the joint compromise memo shall form part and parcel of this order. 20.12.2024 NCC : Yes / No Index : Yes / No PNM To

1. The Judicial Magistrate No.IV, Madurai 2.The Inspector of Police, Keeraithurai Police Station, Madurai City.

Crime No.792/2023..

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

5/6

M.NIRMAL KUMAR, J.

PNM Order in 20.12.2024 6/6