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2022 DIGILAW 2467 (MAD)

Subramanian v. Inspector of Police, Trichy

2022-08-02

V.SIVAGNANAM

body2022
JUDGMENT (Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.156 of 2022 on the file of the first respondent and quash the same.) 1. This Criminal Original Petition has been filed to quash the FIR in Crime No.156 of 2022 on the file of the first respondent police. 2. The case of the prosecution is that there is a money dispute between the petitioner and the second respondent and when the same was questioned, the petitioner herein threatened with dire consequences, hence the second respondent has preferred a complaint. 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. A Joint Memo of Compromise has been filed 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 Mr.G.Jeyamurugan, Gr.I-228, Thottiyam 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 power to quash the complaint for the offence under Sections 294(b),506(ii) of IPC and Section 4 of TNPHW Act. 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. 156 of 2022 pending before the first respondent police, even though, the offences involved are not compoundable in nature. 8. 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. 156 of 2022 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. 156 of 2022 on the file of the first respondent police respondent police, is quashed insofar as the petitioner and the terms of joint compromise memo shall form part and parcel of this order.