Allowed

Suresh v. The Inspector of Police

Madras HC16 Feb 2023CRL OP(MD)/1236/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a criminal original petition invoking Section 482 Cr.P.C. to quash an FIR. The court observed that while the offences involved were not compoundable, the parties had reached an amicable settlement through a joint compromise memo, rendering further proceedings unnecessary.

What did the court decide?

Impugned FIR in Crime No.284 of 2022 is quashed and terms of joint compromise memo form part of order.

Suresh Vs The Inspector of Police — Quashing and FIR | Madras HC (2023)

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Crl.O.P.(MD)No.1236 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.02.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.1236 of 2023

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Suresh ... Petitioner

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Vs.

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1.State of Tamil Nadu rep by The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

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2.Ramu

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3.Murugan ... Respondents

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(R3 is impleaded as per order of this Court on 08.02.2023 in Crl.M.P.(MD)No.1990 of 2023 in Crl.O.P(MD)No.1236 of 2023)

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.284 of 2022, dated 26.12.2022 on the file of the respondent police and quash the same.

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For Petitioner : Mr.K.Saravanan

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

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Crl.O.P.(MD)No.1236 of 2023

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For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R2 : Mr.M.Jeyakumar

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ORDER

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This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to call for the records relating to the FIR in Crime No.284 of 2022, dated 26.12.2022 on the file of the respondent police and quash the same.

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The case of the prosecution is that due to previous enmity

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between the petitioner and the defacto complainant, the petitioner trespassed into the defacto complainant's house and abused her in filthy language and also threatened her. Hence, she lodged a complaint.

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When the matter is taken up for hearing today, the learned counsel appearing for the petitioner 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.284 of 2022, dated

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

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Crl.O.P.(MD)No.1236 of 2023

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26.12.2022 for the offences under Sections 452, 294(b), 324, 506(ii) IPC

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and Section 4 of TNPHW Act, 2022, against the petitioner.

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The case is still under the investigation. By passage of time, the

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

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A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner, the second and third respondents and also by their respective counsel. The petitioner, the second and third respondents were also present in person before this Court and they were identified by Mr.V.Dhinakaran, Head Constable 1048, R.S.Mangalam 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.

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Where the parties have compromised the matter, the High Court

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has power to quash the complaint for the offences under Sections 452, 294(b), 324, 506(ii) IPC and Section 4 of TNPHW Act, 2022,

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

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Crl.O.P.(MD)No.1236 of 2023

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case of

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The legal position expressed by the Hon'ble Apex Court in the

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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.

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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.284 of 2022 pending before the first respondent police, even though, the offences involved are not compoundable in nature.

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Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.284 of 2022 on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

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16.02.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No das

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

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Crl.O.P.(MD)No.1236 of 2023

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