Criminal Original Petition to quash FIR under Sections 467, 465, 420 IPC. Court quashed charges after defacto complainant confessed family relationship and confirmed amicable settlement, relying on Supreme Court precedent.
FIR in Cr.No.1261 of 2014 quashed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.9672 of 2015
1.P.Thanga Thirupathi (Alias) Thirupathi, 2.Lakshmi Prabha 3.T.Praveen Kumar 4.T.Hemaraj .. Petitioners Vs 1.The Inspector of Police, N-1,Royapuram Police Station, Chennai – 600 013. 2.P.Jayaraj .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in Cr.No.1261 of 2014 pending before the First Respondent and quash the same. For Petitioners :Mr.K.Kannan For Respondents :Mr.C.Emalias Additional Public Prosecutor ORDER
On a complaint lodged by P.Jayaraj, the respondent police registered a case in Cr.No.1261 of 2014 on 12.10.2014 for offences under Sections 467, 465 and 420 I.P.C.against the petitioners herein.
2.During the pendency of the investigation, it appears that the petitioners (accused) and P.Jayaraj (defacto complainant) appear to have entered into an amicable settlement and therefore, they have come forward for quashing the FIR in Cr.No.1261 of 2014.
4.Today, this Court made enquiries with P.Jayaraj and he submitted that he has come on his own accord; that he filed the https://hcservices.ecourts.gov.in/hcservices/
affidavit voluntarily and further, the matter has been amicably resolved among the family members.
Sd/Assistant Registrar
True Copy
Sub Assistant Registrar
sms
To
1.The Inspector of Police,
N-1,Royapuram Police Station,
Chennai – 600 013.
2.The Public Prosecutor,
High Court, Madras.
2 cc to Mr..K.Kannan , Advocate Sr.No.30137/15
Crl.OP No.9672 of 2015
br(co)
pmk.30.6.2015
1 issue framed by the court
Whether the FIR should be quashed under Section 482 Cr.P.C. upon amicable settlement between family members.
Colour shows how this judgement treated each authority
Narinder Singh and others v. State of Punjab and anotherRelied on¶12
(2014)6 SCC 466 · Who else cites this
1 provisions across 1 enactments
1.P.Thanga Thirupathi (Alias) Thirupathi, 2.Lakshmi Prabha 3.T.Praveen Kumar 4.T.Hemaraj
The Inspector of Police, N-1,Royapuram Police Station, Chennai
P.Jayaraj
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
