Allowed

P. Ramkumar v. the Inspector of Police

Madras HC13 Aug 2018CRL OP(MD)/5701/2018

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court quashed a First Information Report under Section 482 CrPC, relying on a post-filing compromise between petitioners and the complainant and applying Supreme Court guidelines in Parbathbhai Aahir, despite the offences being non-compoundable.

What did the court decide?

Quashing of the First Information Report in Crime No.4 of 2018; Joint Memo of Compromise forms part of the order.

P. Ramkumar Vs the Inspector of Police — Quashing and FIR | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.08.2018 CORAM: THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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Crl.O.P.(MD).No.5701 of 2018

1.P.Ramkumar

2.A.Perumal

3.P.Angammal

4.A.Lakshmanan @ Lakshmana Perumal...Petitioners/ Accused Nos.1 to 4 Vs.

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1.The State rep by its Inspector of Police, All Women Police Station, Srivaikundram, Thoothukudi District. (Crime No.4 of 2018)

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... Respondent/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records from the respondent police in Crime No.4 of 2018 and quash the same as against the petitioners concerned.

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For Petitioners :Mr.J.Jeyakumaran

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For R1 :Mr.M.Chandrasekaran Additional Public Prosecutor For R2 : Mr.L.Prabhakaran

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This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.4 of 2018, for an alleged offences under Sections 294(b), 324, 417, 376, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, on the file of the first respondent.

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

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A joint memo of compromise has been filed before this Court which has been signed by the petitioners and second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.S.Poornakala, Head Constable of Police. https://hcservices.ecourts.gov.in/hcservices/ 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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Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.4 of 2018 on the file of the first respondent police.

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This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.4 of 2018 on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.500/-(Rupees Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

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Sd/ Assistant Registrar

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/True copy/

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Sub Assistant Registrar

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Encl:Xerox Copy of Joint Compromise Memo.

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The Inspector of Police, All Women Police Station, Srivaikundram, Thoothukudi District.

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

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Copy to : The Section Officer, Accounts and Bills section, Madurai Bench of Madras High Court, Madurai.

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Crl.O.P.(MD).No.5701 of 2018 13.08.2018

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rmk

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KK/RP/SAR-3/11.09.2018/2P-4C

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

P. Ramkumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

P. Ramkumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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