The Madurai Bench quashed criminal proceedings under S.482 Cr.P.C. based on a joint compromise memo signed by the parties and their counsel, relying on Supreme Court guidelines for non-compoundable offences.
The charge sheet in C.C.No.92 of 2014 was quashed. The compromise memo forms part of the order.
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 : 09.010.2018
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD).No.17918 of 2014 and M.P.(MD).No.1 of 2014
Ariyappan ...Petitioner/Sole Accused Vs.
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C. to call for the records pertaining to the complaint in C.C.No.92 of 2014 on the file of the District Munsif cum Judicial Magistrate, Kamudhi and quash the same.
For Petitioner: Mr.K.Seemaraj For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.M.Sakthikumar
O R D E R
This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.92 of 2014 on the file of the District Munsif cum Judicial Magistrate, Kamudhi.
https://hcservices.ecourts.gov.in/hcservices/ 4. Under such circumstances, no useful purpose will be served in keeping C.C.No.92 of 2014 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 case in C.C.No.92 of 2014.
Assistant Registrar (AS) // True Copy //
Sub Assistant Registrar(CS-I)
To
Ramanathapuram District.
AKV
BU/SKN/SAR-1 :12.11.2018 : 2P/5C
Crl.O.P.(MD).No.17918 of 2014 09.10.2018
1 issue framed by the court
Whether criminal proceedings can be quashed under Section 482 Cr.P.C. upon a joint compromise memo for non-compoundable offences following Supreme Court guidelines.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathRelied on¶14
2017 9 SCC 641 (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
Ariyappan
Inspector of Police, All Women Police Station, Kamudhi
A.Kalaiselvi
G.K.ILANTHIRAIYAN
As recorded by the court registry
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