Allowed

P.Karthikeyan v. the Inspector of Police

Madras HC12 Nov 2013CRL OP(MD)/16446/2013

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court quashed two criminal petitions filed under Section 482 CrPC against petitioners accused in a property dispute case, allowing the matter to be settled between the parties and dismissing further proceedings based on the compromise agreement.

What did the court decide?

Further proceedings in Crime No.161 of 2013 against the petitioners are quashed. The memos of compromise form part of the record.

P.Karthikeyan Vs the Inspector of Police — Quashing and FIR | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.11.2013

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CORAM

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THE HONOURABLE MR.JUSTICE C.T.SELVAM

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Crl.O.P.(MD)Nos.16446 and 18457 of 2013 and M.P.(MD) No.2 of 2013

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P.Karthikeyan

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... Petitioner in Crl.O.P.(MD)No.16446 of 2013/ Accused No.4

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1.S.Durai Raj 2.Karuppayee 3.S.Durairaj

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4.R.Navaneetha Krishnan

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... Petitioner in Crl.O.P.(MD)No.18457 of 2013 /Accused 1 to 3 and 5

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Vs.

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1.State rep. by The Inspector of Police, Thiruvengadam Police Station, Tirunelveli District.

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(In Crime No.161 of 2013) ... 1st Respondent/Complainant 2.Palanichamy ... 2nd Respondent/De-facto Complainant

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Prayer: Petitions filed under Section 482 of the Code of Criminal Procedure, to quash the FIR in Crime No.161 of 2013 dated 27.08.2013 on the file of the Inspector of Police, Thiruvenkadam Police Station, Tirunelveli District as against the petitioners herein.

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For Petitioners : Mr.A.Thiruvadikumar (in both the petitions)

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For Respondent 1 : Mr.K.Anbarasan Government Advocate (Crl. Side) (in both the petitions) For Respondent 2 : Mrs.Porkodi Karnan for M/s.Polax Legal Solution (in both the petitions)

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COMMON ORDER

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Upon the complaint of the second respondent a case stands registered in Crime No.161 of 2013 for offence under Section 420 IPC. The fourth accused has filed Crl.O.P.(MD)No.16446 of 2013 and the accused 1 to 3 and 5 have moved Crl.O.P.(MD)No.18457 of 2013 for quashing of the case against them.

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Presently memos of compromise stands filed informing the settlement of property dispute between the second respondent/de-facto complainant and the petitioners accused. The memos are signed both by the petitioners, de-facto complainant as also the respective counsel. Considering the nature of offences alleged against the petitioners and that the matter stands settled and following the decision of the Hon'ble Apex Court in Gian Singh v. State of Punjab and another, (2012) 10 SCC 303, this Court allows this petition. Accordingly, all further https://hcservices.ecourts.gov.in/hcservices/ proceedings in Crime No.161 of 2013 on the file of the first respondent in respect of these petitioners shall stand quashed.

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These petitions are ordered accordingly. Consequently, connected miscellaneous petition is closed. The memos of compromise shall form part of the record.

Sd/-

Assistant Registrar

/True copy/

Sub Assistant Registrar

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1.The Inspector of Police, Thiruvengadam Police Station, Tirunelveli District.

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2.The Additional Public Prosecutor

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Madurai Bench of Madras High Court Madurai.

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Encl: Mome of Compromise

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+2cc to Mr.A.thiruvadikumar, Advocate in Sr.55448, 55446

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+2cc to M/s.Polax Legal Solution, Advocate in Sr.55784, 55785

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Crl.O.P.(MD)Nos.16446 and 18457 of 2013

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12.11.2013

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srm

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pbk 21/11/2013 ::2p-7c: (IT)

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

P.Karthikeyan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

P.Karthikeyan v. the Inspector of Police

Case brief

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