QC ordered that proceedings in C.C.No. 33 of 2012 be quashed after the accused and complainant filed a joint compromise memo stating that the issues were settled, with no objection from the Government Advocate.
The Criminal Original Petition was allowed and proceedings in C.C.No. 33 of 2012 were quashed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :24.01.2019
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
Crl.OP.No.30741 of 2012
and
MP.Nos.1 and 2 of 2012
1. V.S.S.Siddarthan Selvakumar
2. S.Parthsarathy
3.G.Balaji
... Petitioners/Accused 1to3
Vs.
1. State by Inspector of Police,
District Crime Branch,
Thiruvallur District,
(Crime No.5 of 2009)
2. S.Shyamsundar
(R2 is impleaded as per the Order of
this Hon'ble Court dated 20.06.2018
made in Crl.MP.No.8176 of 2018
in Crl.OP.30741 of 2012)
... Respondents
PRAYER: Criminal Original Petition filed under Section 482
of Cr.P.C, praying to call for the entire records concerned with
C.C.No.33 of 2012 from the file of the District Munsif-cum-
Judicial Magistrate, Uthukottai, Thiruvallur District and to
quash the same.
For Petitioner :Mr.Sivalingam
for M/s.Siva Associates
For Respondents :Mr.R.Surya Prakash,
Government Advocate (Crl.Side) for R1
: Mr.C.P.Hem Kumar
ORDER
This petition has been filed by the accused persons 1 to 3 to quash the proceedings against them in C.C.No.33 of 2012
on the file of the District Munsif-cum-Judicial Magistrate, Uthukottai, Thiruvallur District.
5.Considering the fact that the parties have compromised the matter, this Court is of the view that the continuance of the proceedings against the petitioners herein in C.C.No.33 of 2012 on the file of the District Munsif-cum-Judicial Magistrate, Uthukottai, Thiruvallur District, will not serve any purpose. Hence, this Court is inclined to quash the proceedings against them.
***** The Xerox Copy of Enclosed Memo of Compromise
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
vv
To
1. The District Munsif-cum-Judicial Magistrate,
Uthukottai,
Thiruvallur District.
2. The Inspector of Police,
District Crime Branch,
Thiruvallur District.
3. The Public Prosecutor,
High Court, Madras.
Crl.OP.No.30741 of 2012
and
MP.Nos.1 and 2 of 2012
SR(CO)
GSP(28/02/2019)
1 issue framed by the court
Whether criminal proceedings in C.C.No. 33 of 2012 are liable to be quashed upon a post-filing general compromise between the accused and the complainant.
1 provisions across 1 enactments
V.S.S.Siddarthan Selvakumar
S.Parthsarathy
G.Balaji
State
S.Shyamsundar
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
