The High Court of Madras allowed a Criminal Original Petition under Section 482 Cr.P.C. to quash an F.I.R. solely based on an amicable settlement reached by the parties, relying on Supreme Court guidelines, even though the offences were non-compoundable.
The First Information Report in C.C.No.204 of 2013 was quashed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.12.2018
CORAM:
THE HON'BLE MR.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.26040 of 2015 and M.P.No.1 of 2015 Senguttuvan ... Petitioner/1st Accuse
Vs.
The Inspector of Police, Sirkali All Women Police Station, Sirkali, Nagapattinam District. (Ref. Crime No.10 of 2012 dated 29.09.2012)
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records and quash the proceedings in C.C.No.204 of 2013 pending on the file of the learned Judicial Magistrate, Sirkali, Nagapattinam District.
For Petitioner : Mr.K.Surendar For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.204 of 2013 pending on the file of the learned Judicial Magistrate, Sirkali, Nagapattinam District pursuant to the compromise arrived at by the parties.
3.An affidavit of the defacto complainant has been filed before this Court. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both
the parties and was satisfied that the parties have come to an amicable settlement between themselves.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
dss
To
1. The Judicial Magistrate, Sirkali,
Nagapattinam District.
2. The Inspector of Police,
Sirkali All Women Police Station,
Sirkali, Nagapattinam District.
3. The Public Prosecutor,
Madras High Court.
+1cc to Mr.K.Surendar, Advocate SR.No.87812
Crl.O.P.No.26040 of 2015
VGI(CO) GMY(09/01/2019)
2 issues framed by the court
Whether proceedings can be quashed under Section 482 Cr.P.C. despite non-compoundable offences upon amicable settlement.
Whether the First Information Report should remain pending given the parties' compromise.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujaratExplained¶18
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
Senguttuvan
State
Bhararthi
N. Anand Venkatesh
As recorded by the court registry
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