The Court quashed criminal proceedings and a charge sheet arising from a landlord-tenant dispute deemed civil in nature. A joint compromise memo was accepted, and proceedings were closed in exercise of inherent powers under Section 482 CrPC.
Quashed Crime Nos. 555 & 828 of 2012 and C.C. No. 159 of 2012; closed connected miscellaneous petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.09.2013
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.10002,10278 and 10350 of 2013 and M.P(MD)No.2 of 2013
Crl.OP(MD)No.10002/2013: 1.M.Syed Abudahir 2.K.Pakrudden Ali Ahamed : Petitioners/A1 and A2 -Vs-
1.The State through the Inspector of Police, B5 South Gate Police Station, (Law and Order), Madurai. : 1st Respondent/Complainant 2.A.Sikkandar : 2nd Respondent/De-facto Complainant
PRAYER in Crl.O.P(MD)No.10002 of 2013: Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Crime No.555 of 2012 on the file of the 1st respondent and quash the same.
Crl.OP(MD)No.10278/2013:-
1.Syed Ali Sulthan 2.Abbas @ Karadi Abbas : Petitioners/Accused
vs.
1.The State through the Inspector of Police, B5 Police Gate Police Station, (Law and Order),
Madurai. : 1st Respondent/Complainant
2.B.Azeez : 2nd Respondent/De-facto complainant
PRAYER in Crl.O.P(MD)No.10278 of 2013: Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records of the charge sheet in C.C.No.159 of 2012 on the file of the learned Judicial Magistrate No.IV, Madurai, and quash the same.
Crl.OP(MD)No.10350/2013:-
1.Syed Ali Sulthan 2.Umar Farooq
3.Jamal Mydeen : Petitioners/A1 to A3
vs.
1.The State through the Inspector of Police, B5 South Gate Police Station,
(Law and Order) https://hcservices.ecourts.gov.in/hcservices/ Madurai. : 1st Respondent/Complainant
2
2.A.Abubacker : 2nd Respondent/De-facto complainant
PRAYER in Crl.O.P(MD)No.10350 of 2013: Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Crime No.828 of 2012 on the file of the 1st respondent police and quash the same.
For Petitioners : Mr.V.Srinivasan
For 1st Respondent : Mr.K.Anbarasan
Government Advocate (Criminal side)
For 2nd Respondent : Mr.A.Haja Mohideen
COMMON ORDER
These petitions have been filed under sections 482 Cr.P.C, seeking to quash the crime Nos.555 and 828 of 2012 on the file of the 1st respondent police and also to quash the charge sheet in C.C.No.159 of 2012 on the file of the learned Judicial Magistrate No.IV, Madurai.
2.Learned counsels for the petitioners as well as the de-facto complainants are present and they have filed a joint memorandum of compromise entered into between the petitioners and the de-facto complainants.
3.The dispute between the rival parties arose owing to misunderstanding, the petitioners, being tenants holding property of the de-facto complainants/landlords.
4.Finding the case one arising out of what essentially is a civil dispute and that the criminal facts informed are not grave in nature, this court considers that it appropriate to quash the proceedings in Crime Nos.555 & 828 of 2012 on the file of the 1st respondent and C.C.No.159 of 2012 on the file of the learned Judicial Magistrate No.IV, Madurai, in exercise of section 482 Cr.P.C. Consequently, connected Miscellaneous Petition is closed. Memo of compromise shall form part of the records.
Sd/-
Assistant Registrar
/True copy/
Sub Assistant Registrar
Encl: Compromise Memo To,
1.The Inspector of Police, B5 South Gate Police Station, (Law and Order), Madurai.
2.The Judicial Magistrate No.IV, Madurai.
3.-do-thro' The Chief Judicial Magistrate, Madurai.
4.The Addl.Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.V.Srinivasan, Advocate in SR.46066
+1cc to Mr.A.Haja Mohidden, Advocate in SR.46065
copy to the Section Officer, Criminal Section,
Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)Nos.10002,10278 and 10350 of 2013
Dated:- 17.09.2013
er
pbk 04/10/2013 ::2p-8c:
3 issues framed by the court
Whether criminal proceedings arising from a dispute essentially of a civil nature should be quashed.
Whether the accused are entitled to quash charges based on a compromise memorandum.
Whether the facts inform a case of grave nature necessitating the continuation of criminal trial.
1 provisions across 1 enactments
M. Syed Abudahir
K. Pakrudden Ali Ahamed
Syed Ali Sulthan
Umar Farooq
Jamal Mydeen
The State through the Inspector of Police
C.T. Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
