Allowed

Kennedy @ Kannan v. the Inspector of Police

Madras HC12 Nov 2013CRL OP(MD)/12749/2013

Case brief

AI extract

What is this about?

This Madras High Court common order quashed criminal proceedings in two separate cases arising from a property dispute via compromise. The petitioners and rival complainants affirmed settlement, leading the Court to quash further proceedings to preserve comity.

What did the court decide?

Quash all further proceedings in Crime Nos.69 of 2011 and 36 of 2011 on the file of the respondent police.

Kennedy @ Kannan Vs the Inspector of Police — Quashing and FIR | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2013

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CORAM

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THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.12749 and 12750 of 2013

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Crl. O.P.(MD) No.12749 of 2013

1.Kennedy @ Kannan

2.S.Irulappan

3.K.Nagaraj

4.Sureshkannan

... Petitioners/Accused 1 to 4

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Vs.

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1.State: rep by Inspector of Police, District Crime Branch, Madurai. (Crime No.69 of 2011) ... Respondent/Complainant 2.R.Kayarkanni ... Respondent/De-facto Complainant

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Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Crime No.69 of 2011 datted 13.10.2011 on the file of the Inspector of Police, District Crime Branch, Madurai and quash the same as against the petitioner.

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For Petitioner : Mr.N.Ranjit For Respondent 1 : Mr.S.Prabha Government Advocate (Crl. Side)

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Crl. O.P.(MD) No.12750 of 2013

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1.Angayarkanni

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2.Kurunji Kavitha 3.Pitchai ... Petitioners/Accused 1 to 4

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Vs.

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1.State: rep by Inspector of Police, District Crime Branch, Madurai. (Crime No.36 of 2011) ... Respondent/Complainant

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2.Kennedy @ Kannan .. Respondent/De-facto Complainant

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Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Crime No.36 of 2011 datted 04.07.2011 on the file of the Inspector of Police, District Crime Branch, Madurai and quash the same as against the petitioner.

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For Petitioner : Mr.P.Senguttuarasan https://hcservices.ecourts.gov.in/hcservices/ For Respondent 1 : Mr.S.Prabha Government Advocate (Crl. Side)

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COMMON ORDER

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Owing to dispute over property two complaints stand filed by the rival parties. The case against the petitioners in Crl.O.P.(MD) No.12749 of 2013 stands registered for offence under Sections 294(b), 420, 406 and 506(ii) I.P.C. in Crime No.69 of 2011 on the file of the respondent police. Similarly the case against the petitioners in Crl.O.P.(MD) No.12750 of 2013 stands registered for offence under Sections 420, 406, 468 and 471 I.P.C. in Crime No.36 of 2011 on the file of the respondent police. These petitions seek quash of such cases.

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Presently both de-facto complainant as also the petitioners are before this Court. They affirm that the dispute between them shall stand settled. In both the petitions, joint memo of compromise signed both by the petitioners, de-facto complainant as also the respective counsel is filed to such effect. Taking into consideration the same, this Court towards avoidance of strained relationship between the parties and the prevalence of comity arrived at by them, quashes all further proceedings in respect of Crime Nos.69 and 36 of 2011 on the file of the respondent police.

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The petitions are ordered accordingly. The memos of

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compromise shall form part of the records.

Sd/-

Assistant Registrar

/True Copy/

Sub- Assistant Registrar

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1.The Inspector of Police, District Crime Branch, Madurai.

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2.The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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Crl.O.P.(MD)Nos.12749 and 12750 of 2013

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GDR 04.12.2013 2P/3C

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Encl: Xerox copy of Joint Memo of Compromise

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https://hcservices.ecourts.gov.in/hcservices/

Kennedy @ Kannan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Kennedy @ Kannan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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