The Court allowed the petition under Section 482 CrPC to quash an FIR for alleged sexual offence. The decision rests on a verified compromise memo signed voluntarily by the parties who are married and living happily.
The Criminal Original Petition was allowed and the FIR in Crime No.38 of 2015 was quashed based on the compromise memo dated 15.08.2016.
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
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.07.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR
Crl.O.P.(MD) No.15673 of 2016
M.Selvam
... Petitioner/Accused
-Vs-
Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records relating to the FIR in Crime No.38/2015 on the file of the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District and quash the same.
For Petitioner : Mr.Ka.Raama Krishnan. For R1 : Mr.K.Anbarasan, Government Advocate(Crl.side). For R2 : Mr.K.Karmegam.
O R D E R
This petition has been filed to call for the records relating to the FIR in Crime No.38/2015 on the file of the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District and to quash the same.
2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent and the learned counsel appearing for the second respondent.
2
respondent has agreed to quash FIR in Crime No.38 of 2015, pending on the file of the first respondent Police.
Sd/Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar
To
(Enclose xerox copies of Compromise memo)
1.The Inspector of Police, All Women Police Station, Kanyakumari District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
+1cc to M/S. Ka.RAAMA KRISHNAN, Advocate, SR.No.
Crl.O.P.(MD) No.15673 of 2016 13.07.2017
TA/vsa
SDS/SKN:RSK/SAR 2/28.07.2017/2P/4C
1 issue framed by the court
Whether the Criminal Original Petition filed to quash the FIR should be allowed based on a compromise between the parties.
1 provisions across 1 enactments
M.Selvam
The State
R.Sangeetha
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
