Petitioners filed Crl.O.P under section 482 CrPC to quash proceedings for alleged non-compoundable offences. The court quashed the FIR on the sole ground that parties had amicably compromised the dispute, adhering to Supreme Court guidelines.
First Information Report in C.C.No.77 of 2017 was quashed and proceedings are stayed upon payment of costs.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.12519 of 2018
1.Muthukumar 2.P.R.Rajeshkumar : Petitioners/Accused Nos.1 & 2 Vs.
1.The State Represented by The Inspector of Police, City Crime Branch, Trichy City. (Crime No.05/2015) : 1st Respondent/Complainant 2.Karuppaiah : 2nd Respondent/Defacto Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records and quash the entire proceedings in C.C.No.77 of 2017, on the file of the learned Judicial Magistrate No.IV, Trichy against the petitioners.
For Petitioners : Mr.N.Anandakumar For R-1 : Mr.M.Chandrasekaran Additional Public Prosecutor For R-2 : Mr.T.Senthil Kumar
ORDER
The present Criminal Original Petition has been filed to quash the proceedings in C.C.No.77 of 2017, on the file of the learned Judicial Magistrate No.IV, Trichy, for an alleged offences under Sections 419, 420, 465, 471 of IPC r/w Section 34 and 114 of IPC.
https://hcservices.ecourts.gov.in/hcservices/ 4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending. Even though, the
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offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in C.C.No.77 of 2017.
Sd/Assistant Registrar(Crl. side)
/True Copy/
Sub Assistant Registrar(CS-IV)
Enclosure: Xerox Copy of Joint Compromise Memo
To
1.The Judicial Magistrate No.IV, Trichy.
2.The Inspector of Police, City Crime Branch, Trichy City.
4.The Section Officer, Bills and Accounts Section, Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.N.Anandakumar, Advocate SR.No. 77904
Crl.O.P.[MD].No.12519 of 2018 09.08.2018
sji JM/SKN RSK/SAR 4/03.09.2018/2P/7C
3 issues framed by the court
Whether proceedings under Sections 419, 420, 465, 471 of IPC can be quashed despite non-compoundable nature in light of compromise
Whether Justice requires quashing of FIR when parties have amicably settled the dispute
Whether section 482 CrPC jurisdiction is invoked to quash proceedings upon settlement
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶14
2017 9 SCC 641 · Who else cites this
1 provisions across 1 enactments
Muthukumar
P.R.Rajeshkumar
The State Represented by The Inspector of Police, City Crime Branch, Trichy City
Karuppaiah
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
