The High Court of Madras allowed a Criminal Original Petition filed to quash an FIR regarding alleged forcible eviction. The court noted that the parties had amicably settled their dispute after mediation, resulting in the payment of compensation by the petitioners.
The case in Crime No.939 of 2014 on the file of the 1st respondent is quashed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 18.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
CRL.OP.No.10653 of 2015
1.P.Devarajan
2.D.Latha ... Petitioners
Vs
1.State rep by
Inspector of Police,
R3-Ashok Nagar Police Station,
Chennai.
2.A.S.Harikrishnan ... Respondents
Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.939 of 2014 on the file of the 1st respondent/police and quash the same as against the petitioners herein.
For Petitioners : Mr.T.Arul
For Respondents : Mr.M.Mohamed Riyaz,
Government Advocate [Crl. Side][for R1]
: Mr.J.Franklin [for R2]
O R D E R
Seeking a prayer to quash the proceedings in Crime No.939 of 2014 on the file of the 1st respondent police, this petition has been filed.
No.939 of 2014 for offences under Section 147, 448, 380 IPC against the petitioners herein and others. The crux of the allegation of the defacto complainant is that, he is a tenant under the petitioners and that, the petitioners attempted to forcibly evict him from the premises.
"2. I state that I was a tenant in respect of the premises bearing No.37/16, Sai Sruthi Apartment, Postal Colony 1st Street, West Mambalam, Chennai-33. Due to some misunderstanding between the tenant and landlords in respect of the portion occupied by me, suddenly the petitioners herein along with their men came into the tenanted premises forcefully locked the house thereafter the intervention of 1st respondent, the possession was immediately restored.
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
gya
To
+1cc to M/s.J.Franklin, Advocate, S.R.No.30052
CRL.OP.No.10653 of 2015
VD(CO)
CA(02/07/2015)
1 issue framed by the court
Whether criminal proceedings in a forcible eviction case should be quashed upon the recording of an affidavit confirming an amicable settlement between the accused and the complainant.
1 provisions across 1 enactments
P. Devarajan
D. Latha
Inspector of Police, R3-Ashok Nagar Police Station, Chennai
A.S. Harikrishnan
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
