Allowed

Mariappan v. The Inspector of Police

Madras HC16 Sept 2019CRL OP(MD)/11403/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court quashed the First Information Report under Section 482 Cr.P.C. after an amicable compromise was reached between the petitioners and the private complainant, relying on Supreme Court guidelines for quashing proceedings in such cases.

What did the court decide?

The First Information Report in Crime No.189 of 2019 is quashed; The petitioners to pay Rs.5000 as costs.

Mariappan Vs The Inspector of Police — Civil Procedure and Limitation | Madras HC (2019)

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Crl.O.P.(MD).No.11403 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.09.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.11403 of 2019

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Mariappan 2. Muppidathi @ Murugan

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Mariammal @ Mariselvi

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Esakki

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Sathish @ Sathiswaran

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Tamilselvi ... Petitioners

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Vs.

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1.State rep. by

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The Inspector of Police, Kallidaikurichi Police Station Tirunelveli District

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2.Suresh ... Respondents

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the First Information Report in Crime No.189 of 2019 on the file of the respondent police and quash the same as illegal.

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For Petitioners : Mr.S.Saravanakumar

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The Criminal Original Petition has been filed to quash the proceedings in Crime No.189 of 2019, on the file of the first respondent police, for an alleged offences under Sections 147,148,294(b), 323 and 506(ii) of IPC.

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2 .The case is still at 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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3. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners https://hcservices.ecourts.gov.in/hcservices/ and the second respondent were also present in person before this

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Crl.O.P.(MD).No.11403 of 2019

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Court and they were identified by Mr.Shanmuga Perumal, SI 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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4 .Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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.189 of 2019 pending on the file of the first respondent police.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.189 of 2019, on the file of the first respondent police, is quashed and the terms of affidavit of the defacto complainant which shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand 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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Sub Assistant Registrar(CS) Encl:Xerox copy of Joint Compromise memo

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aav

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The Inspector of Police, Kallidaikurichi Police Station

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Tirunelveli District

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

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

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Crl.O.P.(MD).No.11403 of 2019

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Copy to

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1.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai

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2.The Section Officer,-2 copies Criminal Section, Madurai Bench of Madras High Court, Madurai

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+1 CC to M/s.S.SARAVANA KUMAR, Advocate ( SR-86948[F] dated 17/09/2019 )

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Crl.O.P.(MD).No.11403 of 2019

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16.09.2019

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KM/(23.09.2019) 3P 7C

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

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Mariappan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Mariappan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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