The petitioner filed a petition under Section 482 CrPC to quash the FIR. The defacto complainant appeared via video conferencing and stated there was no objection to quashing as the parties had resolved their differences. The court quashed the FIR and allowed the petition.
Quash the impugned First Information Report in Crime No.103 of 2020.
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.
Crl.O.P(MD)No.11203 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11203 of 2020
Jahir Hussain
... Petitioner
Vs
1.State represented by The Inspector of Police, Town South Police Station, Dindigul.
(Crime No.103 of 2020)
2.Abdur Rahuman ... Respondents
PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the impugned First Information Report in Cr.No.103 of 2020 on the file of the 1st respondent and to quash the same.
For Petitioner : Mr.K.Navaneetharaja
For Respondents : Mr.M.V.Chandrasekaran, Government Advocate for R1 Mr.A.Azhugeson, For R2
O R D E R
This criminal original petition has been filed for quashig the impugned First Information Report in Crime No.103 of 2020 registered on the file of the first respondent.
2.Abdur Rahuman is the defacto complainant. He is present before this Court through video conferencing. He is identified by Mr.Anand, the Inspector of Police, Town South Police Station, Dindigul. The defacto complainant has no objection for quashing the impugned FIR. When the parties have buried the hatchet, no purpose will be served in keeping the prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed.
Assistant Registrar (CS-III)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
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Crl.O.P(MD)No.11203 of 2020
ias
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Inspector of Police, Town South Police Station, Dindigul.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.A. MOHAMED YUSUF, Advocate ( SR-20255[F] dated 15/10/2020 )
Crl.O.P(MD)No.11203 of 2020 13.10.2020
VB (22.10.2020) 2P 4C
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1 issue framed by the court
Whether the quarrel between the parties is such that quashing the criminal proceeding would prevent a gross injustice or habeas corpus could not grant such relief
2 provisions across 2 enactments
Jahir Hussain
The Inspector of Police, Town South Police Station, Dindigul
Abdur Rahuman
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
