This order quashed criminal proceedings regarding a complaint for offences under the IPC, following a verified amicable settlement and joint compromise memo between the petitioner and the respondent.
Quashed the entire proceedings in C.C.No.211 of 2013 of the learned Judicial Magistrate, No.II, Trichy District, against the petitioner/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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2017
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.(MD) No.3973 of 2015 AND MP(MD)NOs.1 & 2
Somasundaram
-vs-
1.The State through The Sub Inspector of Police, Law and Order K.K.Nagar Police Station, Trichy City,
2.P.Kalaiselvan : Respondents
Prayer : Petition is filed under Section 482 of Code of Criminal Procedure to call for the records connected with the case in C.C.No.211/2013 on the file of the learned Judicial Magistrate, No.2, Trichy and quash the same as illegal.
For Petitioners : Mr.R.Alagumani For Respondents 1 : Mr.A.P.Balasubramani, Government Advocate (Crl.side) For Respondent No.2 :Mr.L.M.VijayBoominathan ******
O R D E R
This petition has been filed seeking to quash the charge sheet laid in C.C.No.211 of 2013 on the file of the learned Judicial Magistrate, NO.II,, Trichy District, pursuant to the amicable settlement effected between the parties.
2
"3. It is submitted that thereafter the petitioner filed quash petition in Crl.O.P.(MD) No.3973/2015 before this Honourable Court. It is submitted that since the petitioner and de-facto complainant are good friends and also family friend for the past 30 years. Now the de-facto complainant has come forward to file this memo of compromise because he has nothing against the petitioners to proceed with the case and they have reached the compromise to quash the impugned FIR this joint compromise memo is filed.
4.It is submitted hereby the petitioner and the 2nd respondent have settled their all disputes and differences between them. To that effect this joint compromise memo is filed"
Sd/-
Assistant Registrar(AS)
/True Copy/
Sub-Assistant Registrar
To:
Compromise memo xerox copy is enclosed:
1.The Judicial Magistrate, No.II
Trichy District.
Trichy City,
https://hcservices.ecourts.gov.in/hcservices/ Madurai Bench of Madras High Court, Madurai.
3
+1 cc to Mr.R.ALAGUMANI,ADVOCATE,SR NO.16425 RR
MAS/SV-MMS/SAR3:10.04.2017:2P-5C
Order made in Crl.O.P.(MD) No.3973 of 2015 Dated: 21.03.2017
1 issue framed by the court
Whether the proceedings应予 quashing upon entry of a valid compromise between the parties and the alleged offenders.
2 provisions across 2 enactments
Somasundaram
State
Kalaiselvan
P.N.Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
