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2022 Supreme(Mad) 2864

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. SIVAGNANAM, J.
Satheeshkumar - Appellant
Versus
The State Represented by The Inspector of Police, Ramanathapuram - Respondent
Crl. O.P (MD) No. 9965 of 2022
Decided On : 16-08-2022

Advocates appeared:
For the Petitioner:A. Arputharaj, Advocate. For the Respondent:A. Albert James, Government Advocate (Crl.Side), S. Sabbani Karburajothi, Advocate.

The court has the power to quash FIRs based on compromise between the parties, especially in cases of personal disputes, as guided by legal precedents.

Headnote:

Quash - Criminal Original Petition - The court allowed the petition to quash the FIR based on the compromise between the parties, citing the personal nature of the dispute and the legal position expressed by the Hon'ble Apex Court in previous cases.

Fact of the Case:

The petitioner filed a petition to quash the FIR registered against them for offences under Sections 294(b), 324, and 506(i) I.P.C. based on a complaint by the second respondent.

Finding of the Court:

The court allowed the petition, considering the compromise between the parties and the personal nature of the dispute, and quashed the proceedings in Crime No.536 of 2021 on the file of the first respondent police.

Issues: The main issue was whether the court should quash the FIR based on the compromise between the parties, despite the non-compoundable nature of the offences involved.

Ratio Decidendi: The court relied on the legal position expressed by the Hon'ble Apex Court in previous cases, including Gian Singh vs. State of Panjab and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, to allow the quashing of the FIR based on the compromise between the parties.

Final Decision: The Criminal Original Petition stands allowed, and the proceedings in Crime No.536 of 2021 on the file of the first respondent police are quashed insofar as the petitioner alone, with the terms of the joint compromise memo forming part of the order.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the impugned FIR in Crime No. 536 of 2021, dated 29.10.2021, on the file of the first respondent police and to quash the same as illegal.)

1. This Criminal Original Petition has been filed to quash the FIR in Crime No.536 of 2021, on the file of the first respondent police.

2. The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.536 of 2021 for the offences punishable under Sections 294(b), 324 and 506(i) I.P.C., against the petitioner.

3. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. The learned counsel for the petitioner submitted that the defacto complainant and the accused person settled the matter out of the Court and they have been filed a Joint Memo of Compromise before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by the learned Government Advocate (Crl.Side), and Mr.K.Karthikeyan, SSI, Paramakudi Town Police Station, Ramanathapuram District. 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 F.I.R in Crime No.536 of 2021 for the offence punishable under Sections 294(b), 324 and 506(i) I.P.C.

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 Crime No.536 of 2021 pending before the first respondent police, 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 Crime No.536 of 2021 on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order.

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