Madras High Court
Bharathiraj vs State Throughout on 6 July, 2022
Author: V.Sivagnanam
Bench: V.Sivagnanam
Crl.O.P.(MD) No.12055 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.07.2022
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.12055 of 2022
1. Bharathiraj,
2. Kavi @ Kavikumar,
3. B.Karan @ Saran Kumar,
4. B.Karthikraja,
5. C.Selvam @ Nambuselvam,
6. R.Vinith,
7. M.Gowtham,
8. D.Manoj @ Anbumanoj,
9. Manivannan,
: Petitioners
Vs
1.State throughout
The Inspector of Police,
Chatrakudi Police Station,
Ramanathapuram District.
(In Crime No.46 of 2019).
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Crl.O.P.(MD) No.12055 of 2022
2. Dhivakar,
: Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
this Court to call for the entire records connected with the case in PRC No.5
of 2020, pending on the file of the learned Judicial Magistrate, Paramakudi,
Ramanathapuram District and quash the same.
For Petitioner : M/s.Malaikani S,
For R1 : Mr.M.Sakthi Kumar,
Government Advocate (Crl.Side)
ORDER
The Criminal Original Petition has been filed to quash the Charge Sheet in P.R.C.No.5 of 2020 pending on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram Distirct, for the offences punishable under Sections 147, 148,, 294(b), 323 and 506(ii) of IPC and Section 3(1) of Prevention of Damage to Public Property Act, 1984, in Crime No.46 of 2019.
2.The case of the prosecution is that due to previous enmity, the petitioners attacked the second respondent. Hence, the complaint. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.12055 of 2022
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. 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.K.Chandran, SSI of Police, Chatrakudi 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.
5. In the instant case, the dispute is of personal in nature and the parties had compromised. Where the parties have compromised the matter, the High Court has to power to quash the complaint for the offence under Sections 147, 148,, 294(b), 323 and 506(ii) of IPC and Section 3(1) of Prevention of Damage to Public Property Act, 1984.
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6. 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.
7. 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 P.R.C.No.5 of 2020 pending on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram Distirct, even though, the offences involved are not compoundable in nature.
8. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.5 of 2020 pending on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram Distirct, is quashed and the terms of joint compromise memo shall form part and parcel of this order.
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lr To
1.The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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