Allowed

Narayanan @ Narayana Perumal v. the Inspector of Police

Madras HC8 Oct 2018CRL OP(MD)/17920/2018

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court exercised its jurisdiction under Section 482 Cr.P.C. to quash Special Case No.134 of 2016 involving allegations under IPC 366(A) and POCSO Act. The case was still in trial, but the parties filed a joint compromise memo and reached an amicable settlement. Relying on Parbathbhai Aahir guidelines, the Court held no useful purpose lo

What did the court decide?

Special Case No.134 of 2016 on Mahila Court, Tirunelveli District quashed; terms of Joint Compromise Memo formed part of order.

Narayanan @ Narayana Perumal Vs the Inspector… — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2018 CORAM:

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17920 of 2018

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Narayanan @ Narayana Perumal : Petitioner/Sole Accused

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Vs.

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1.The State represented by The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District. Crime No.239 of 2014 ... 1^st Respondent/Complainant

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[originally FIR was registered at Radhapuram Police Station, Tirunelveli District.]

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2.Sivananainthaperumal : 2^nd Respondent/Defacto Complainant

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records pertaining to the case in Special Case No.134 of 2016 on the file of the Mahila Court, Tirunelveli District and quash the same.

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For Petitioner : Mr.R.Anand For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R-2 :Mr.P.Gunasekaran ORDER

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The Criminal Original Petition has been filed to quash the proceedings in Special Case No.134 of 2016 on the file of the Mahila Court, Tirunelveli District, for the alleged offence under Section 366 (A) IPC and Section 4 of Protection of Children from Sexual Offences Act.

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2.The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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3.A joint memo of compromise has been filed before this Court, which has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.L.Ramanathan, SSI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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https://hcservices.ecourts.gov.in/hcservices/

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4.Under such circumstances, no useful purpose will be served in

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keeping the Special Case pending, even though, the 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 S.C.No.134 of 2016.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.134 of 2016 on the file of the Mahila Court, Tirunelveli District, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Sd/

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Assistant Registrar(Crl Side)

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/True copy/

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Sub Assistant Registrar(CS-I) Encl:Xerox Copy of Joint Compromise Memo. To

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1.The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

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2.The Mahila Court Judge, Tirunelveli District.

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3.The Inspector of Police, Radhapuram Police Station, Tirunelveli.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1cc to Mr.R.ANAND, Advocate, SR.No.89858

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Crl.O.P.[MD].No.17920 of 2018 08.10.2018

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KK/RP/SAR-1/22.11.2018/2P-6C

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https://hcservices.ecourts.gov.in/hcservices/

Narayanan @ Narayana Perumal v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Narayanan @ Narayana Perumal v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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