The High Court quashed an FIR registered for rickital murder and related offences under S. 482 Cr.P.C. after hearing counsel and finding that an amicable compromise had been arrived at between the parties, with no objection from the complainant.
FIR in Crime No.145/2014 is quashed in respect of all the accused.
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 : 15.12.2015
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
Crl.O.P.No.25021 of 2015
1.Paranthaman 2.S.Chandru @ Chandrakanth 3.Rajan 4.J.Divakar 5.Dinakar 6.Sampath 7.Devendra Sarma 8.Silambarasan 9.Leo @ Prasanth 10.Illakiya @ Illakiyaraj 11.G.Udayakumar 12.Thulasi 13.M.Subramani ... Petitioners/Accused 1 to 8,13 & 14 and not named in the FIR Vs 1.The Inspector of Police, Taluk Police Station, Arakkonam, Vellore District. 2.Mr.Vijayan ... Respondents/complainant & Defacto Complainant
Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.145 of 2014 pending on the file of the Taluk Police Station, Arakkonam and quash the same.
For Petitioners : Mr.D.Muthukumar
For respondents : Mr.C.Emalias
Additional Public Prosecutor or R1
O R D E R
The present criminal original petition has been filed to call for the records in Crime No.145 of 2014 pending on the file of the Taluk Police Station, Arakkonam and quash the same.
2.A complaint was lodged as against these petitioners for the alleged offence under sections 147, 148, 335, 324 and 506(ii) IPC. The allegation in the complaint is that during Lok Sabha election on 25.04.2014, the 1st petitioner's father was fully involved in the work. On the said date, in the morning, when the petitioner went to cast his vote along with his family members, some of the elders of the Village requested the 1st petitioner's father to solve a problem in the village as he was functioning as the Panchayat President. Based on the said representation, the petitioner's father rushed to the spot. After reaching the place, he found that there was a quarrel between two groups and due to altercation, the 2nd respondent sustained injury. Hence, a complaint was lodged and the same was registered in Crime No. 145/2014 for the sections referred to above against his father and 6 others. Now, the petitioners have come forward with the present petition seeking to quash the First Information Report.
3.Today, when the matter is taken up for consideration, the learned counsel for the petitioners as well as the learned counsel for the 2nd respondent/defacto-complainant represented that the matter has been amicable settled between the parties. The 2nd respondent/defacto-complainant has also filed an affidavit stating that he has no objection for quashing the FIR.
4.Heard the learned Additional Public Prosecutor also and perused the materials available on record.
5.Considering the facts and circumstances of the case and in view of the compromise arrived at between the parties, I am of the opinion that the FIR in Crime No.145/2014 pending on the
file of the 1st respondent police is liable to be quashed and accordingly, quashed in respect of all the accused.
Accordingly, the criminal original petition is allowed.
Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
vsi/ssv
To
1. The Inspector of Police,
Taluk Police Station,
Arakkonam,
Vellore District.
2. The Public Prosecutor,
High Court, Madras.
+1 cc to Mr.D.Muthukumar Advocate sr.67375
Crl.O.P.No.25021 of 2015
aa17/12/2015
1 issue framed by the court
Whether the FIR filed under Sections 147, 148, 335, 324 and 506(ii) IPC is liable to be quashed upon settlement between?
1 provisions across 1 enactments
Paranthaman
Inspector of Police, Taluk Police Station, Arakkonam
R. Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
