Allowed

Duraimurugan v. the Inspector of Police

Madras HC26 Sept 2019CRL OP(MD)/6155/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, while hearing a petition under Section 482 Cr.P.C. to quash a charge sheet, allowed the petition and quashed the proceedings after finding that the parties had reached an amicable settlement. The Court relied on Supreme Court guidelines permitting quashing in such meritorious cases.

What did the court decide?

Criminal proceedings in C.C.No.773 of 2017 are quashed; petition allowed; terms of settlement declared part of this order.

Duraimurugan Vs the Inspector of Police — Quashing and FIR | Madras HC (2019)

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Crl.O.P.(MD).No.6155 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 26.09.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.(MD).No.6155 of 2019

1.Duraimurugan

2.Gnanasekaran

3.D.Gunasekaran

... Petitioners/A1 to A3

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Vs. -

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1.The State rep. by

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The Inspector of Police, All Women Police Station, Samayanallur

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Madurai crime No.39/2015

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2.Roopa Priya ... Respondents

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the charge sheet in C.C.No.773 of 2017 on the file of the Judicial Magistrate, Vadipatti, Madurai District and quash the same.

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For Petitioners : Mr.S.Jeyakumar

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For R-1 : Mr.K.Suyambulinga Bharathi

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Government Advocate (Crl. Side)

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For R-2 : Mr.R.Rajeswaran

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ORDER

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The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.773 of 2017 on the file of the Judicial Magistrate, Vadipatti, Madurai District.

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2 .The case is under 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. An Affidavit has been filed before this Court, which has been signed by the petitioners and the second respondent and also by https://hcservices.ecourts.gov.in/hcservices/ their respective counsel. The petitioners and the second respondent

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Crl.O.P.(MD).No.6155 of 2019

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were also present in person before this Court and they were identified by Ms.Meharaj, Sub Inspector 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 criminal proceedings pending before the Judicial Magistrate, Vadipatti. 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 criminal proceedings in C.C.No.773 of 2017 on the file of the Judicial Magistrate, Vadipatti, Madurai District as against the petitioners.

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5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.773 of 2017 on the file of the Judicial Magistrate, Vadipatti, Madurai District is quashed and the terms of Affidavit shall form part and parcel of this order. The petitioners shall jointly 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 Madurai Bench of Madras 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/-

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Assistant Registrar(CS-III)

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/TRUE COPY/

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Sub Assistant Registrar

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Enclosure: Xerox copy of the Affidavit.

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Arul

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1.The Inspector of Police,

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All Women Police Station, Samayanallur.

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2.The Judicial Magistrate, Vadipatti.

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

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Crl.O.P.(MD).No.6155 of 2019 26.09.2019

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JM/24.10.2019/2P/4C

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

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Duraimurugan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Duraimurugan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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