Allowed

S.Kannan v. the State Rep.by

Madras HC28 Oct 2021CRL OP/17983/2021

Case brief

AI extract

What is this about?

This criminal original petition under Section 482 Cr.P.C. sought to Quash Crime No.2128 of 2020 After an amicable settlement between the petitioners and the de facto complainant, this Court held that keeping the FIR pending was not in the interest of justice and ordered a Quash. The Court referred to Supreme Court guidelines on compoundable and non-compoundable cases.

What did the court decide?

Quashing of the First Information Report in Crime No.2128 of 2020 registered against the petitioners.

S.Kannan Vs the State Rep.by — Quashing and FIR | Madras HC (2021)

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CRL.O.P.No.17983 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.10.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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CRL.O.P.No.17983 of 2021

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1.S.Kannan 2.S.Anthony 3.K.Tamilarasan 4.S.Karuna

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... Petitioners

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Versus

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1.The State Represented by Sub-Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District.

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2.K.Kamesh

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... Respondents

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PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the reccords pertaining to Crime No.2128 of 2020 pending on the file of the C1 Sriperumbudur Police Station, Kancheepuram District and quash the same.

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For Petitioners : Mr.S.T.M.Mano For Respondent : Mr.A.Damodaran, No.1 Additional Public Prosecutor For Respondent : Mr.P.Vignesh Kumar No.2

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Page No.1 of 6

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https://www.mhc.tn.gov.in/judis

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CRL.O.P.No.17983 of 2021

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ORDER

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This Criminal Original Petition has been filed to to call for the

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reccords pertaining to Crime No.2128 of 2020 pending on the file of the

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C1 Sriperumbudur Police Station, Kancheepuram District and quash the same.

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2.The case of the prosecution is that the dispute between the defacto complainant and the mother of the petitioners, for which, the petitioners assaulted the defacto complainant by using their legs and hands, that the accused viz., Tamilarasan assaulted him on his head by using a wooden log and the accused viz., Anthony attempted to assault him by using a knife. As such, these petitioners used hands and legs for assaulting the defcto complainant. Apart from that the 2^nd petitioner viz., Anthony made an attempt to assault the defacto complainant by using the knife and subsequently, intimidated him as to cause his death. Therefore, the defacto complainant lodged a complaint before the first respondent police and on receipt of the same, the first respondent police registered a complaint in Crime No.2128 of 2020 for offences under Sections 294(b),

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Page No.2 of 6

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https://www.mhc.tn.gov.in/judis

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CRL.O.P.No.17983 of 2021

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323, 324 & 506(2) IPC.

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3.Further, the petitioners are granted bail in Crl.M.P.No.1270 of 2020 on 27.07.2020 by the District and Sessions Court No.II, Kancheepuram. After that, the petitioners filed Crl.O.P.No.13828 of 2020 before this Court and this Court by an order dated 07.09.2020 dismissed the same. Again, the petitioners have filed this criminal original petition.

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4.The learned counsel for the petitioners submitted that Now, the petitioners and the 2^nd respondent defacto complainant have entered into a compromise and amicably settled their issues without coercion, threat or compulsion. Hence, the petitioners have filed this petition to quash the crime No.2128 of 2020.

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5 .The case is still at the stage of investigation. By passage of time,

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the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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Page No.3 of 6

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https://www.mhc.tn.gov.in/judis

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CRL.O.P.No.17983 of 2021

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6.The memorandum of compromise dated 13.07.2021 and an affidavit of the defacto complainant viz., Kamesh dated 13.07.2021 have been filed by the petitioners and the 2^nd respondent/defacto complainant. In the memorandum of compromise and affidavit, it is stated that since the petitioners and the defacto complainant are relatives, the 2^nd respondent/defacto complainant is not wish to continue the criminal proceedings against the petitioners. They appeared before this Court and this Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

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7.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10) , this Court in exercise of its jurisdiction under

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Page No.4 of 6

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https://www.mhc.tn.gov.in/judis

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CRL.O.P.No.17983 of 2021

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Section 482 Cr.P.C., quashes the First Information Report in Crime No.2128 of 2020, on the file of the 1^st respondent Police.

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8.This Criminal Original Petition stands allowed and as a sequel,

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the investigation in Crime No.2128 of 2020, on the file of the 1 st respondent police, is quashed against the petitioners.