The Court allowed the criminal original petition to quash criminal proceedings initiated under Sections 341, 324, 307 IPC after the complainant and accused mutually settled the dispute and entered into a Memorandum of Understanding.
Quashed the proceedings in SC.No.387 of 2014 and closed the connected Miscellaneous Petition.
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 28.07.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
CRL.OP.No.14755 of 2015
and MP.No.1 of 2015
Aquil Junaid ... Petitioner Vs 1.State rep by Inspector of Police, E-2, Royapettah Police Station, Chennai-14. 2.Mohammed Varish ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in SC.No.387 of 2014 on the file of II Additional City Civil Court at Chennai and quash the same. For Petitioner : Mr.S.Y.Masood For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1] : Mr.I.Subramaniam, Senior Counsel for Mr.K.P.Ananthakrishnan [for R2] O R D E R
This petition has been filed to quash the proceedings in SC.No.387 of 2014 on the file of the learned II Additional Judge, City Civil Court, Chennai.
pending on the file of the learned II Additional Judge, City Civil Court, Chennai in SC.No.387 of 2014 for trial.
“5.That the first party would in lieu of the above co-operate with the second party to ensure in closing the criminal case pending on the second party filed by the police. The first party would help cooperate with second party in completing same by submitting appropriate affidavitsor/and to appear in court and mention the same as may be required.
6.That this MOU is being drawn with an intent of amicably settling of this issue between the parties and shall not be used by either parties for any other purposes.”
prosecution case. Further, both the parties have mutually arrived at a settlement on account of the intervention of community members.
Sd/-
Asst.Registrar (CS IV )
/true copy/
Sub Asst. Registrar
gya
To
1.The II Additional Judge,
City Garment, Chennai.
2 Inspector of Police,
E-2, Royapettah Police Station,
Chennai-14.
3.The Public Prosecutor,
High Court, Madras.
+1 cc to Mr.S.Y. Masood, Advocate, sr.38692.
CRL.OP.No.14755 of 2015
ca(Co)
kra(17/08)
2 issues framed by the court
Whether the High Court can quash the criminal proceedings leading to an offence under Section 307 IPC on account of a settlement between the parties.
Whether the possibility of the complainant turning hostile warrants quashing of prosecution.
Colour shows how this judgement treated each authority
Narinder Singh and Others vs. State of Punjab and AnotherRelied on¶19
Narinder Singh and Others Vs State of Punjab and Another [2014] 6 SCC 466 · Who else cites this
1 provisions across 1 enactments
Aquil Junaid
State
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
