The Court quashed proceedings in Crime No.313 of 2016 after the de facto complainant voluntarily withdrew the complaint and an injury victim confirmed the matter was amicably settled, relying on Section 482 of the CrPC.
The FIR in Crime No.313 of 2016 was quashed, and the connected miscellaneous petition was also 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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.14532 of 2016 and Crl.MP No.7273 of 2016
Senthilraja
... Petitioner
Vs
1.State of Tamil Nadu rep. by
The Inspector of Police, Sooramangalam Police Station, Salem District.
2.A.Kumar
... Respondents
Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in FIR No.313 of 2016 on the file of the 1st respondent and to quash the same.
For Petitioner :Mr.M. Devaraj For Respondents :Mr.C.Emalias, [for R1] Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the proceedings in FIR No.313 of 2016 on the file of the 1st respondent police.
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offences under Sections 294(b), 323, 324, 506 (ii) IPC against Senthilraja, for quashing which Senthilraja is before this Court on the ground that the parties have arrived at a compromise.
23.08.2016
ds
3
To
4
P.N.PRAKASH,J
ds
Crl.OP.No.14532 of 2016 and Crl.MP No.7273 of 2016
23.08.2016
2 issues framed by the court
Whether the criminal proceedings under Section 482 of the CrPC should be quashed given the existence of an extrajudicial compromise.
Whether an injured third party's statement supports quashing despite initial injuries sustained by the complainant.
2 provisions across 2 enactments
Senthilraja
The Inspector of Police, Sooramangalam Police Station, Salem District
A.Kumar
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
