Allowed

Revathi Sambasivam v. The Inspector of Police

Madras HC27 Feb 2020CRL OP(MD)/3597/2020

Case brief

AI extract

What is this about?

This judgment allows a Criminal Original Petition under Section 482 Cr.P.C. to quash criminal proceedings after a joint compromise memo was filed and signed by all parties, including petitioners and the defacto complainant, with satisfaction of the High Court.

What did the court decide?

The proceedings in C.C.No.110 of 2019 before the Judicial Magistrate Court, Devakottai are quashed.

Revathi Sambasivam Vs The Inspector of Police — Quashing and FIR | Madras HC (2020)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.02.2020

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CORAM:

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THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA

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Crl.O.P.(MD)No.3597 of 2020

1.Revathi Sambasivam

2.Sambasivam

3.K.Sambath

4.K.Veerapandian

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5.Periyasamy

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6.Elango ... Petitioners/Accused Nos.1 to 6

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Vs.

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1.The State Rep.by The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

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(Crime No.19 of 2017) ... 1^st Respondent/complainant

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2.Thillairaja ... Respondent/Defacto complainant

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PRAYER: This Criminal Original Petition has been filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in C.C.No.110 of 2019 on the file of the learned Judicial Magistrate Court, Devakottai and quash the same in respect of all the petitioners.

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For Petitioners : Mr.G.Balasubramanian For R1 : Mrs.S.Bharathi, Government Advocate(Crl.side) For R2 : Mr.P.Kunasekaran

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O R D E R

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1.The Criminal Original Petition has been filed to quash the proceedings in C.C.No.110 of 2019, on the file of the learned Judicial Magistrate Court, Devakottai, for the offences punishable under Sections 147, 294(b), 323, 506(i) IPC.

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

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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.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 and the second respondent were also present in person before this Court and they were identified by Mr.A.Joseph, SSI 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 proceedings in C.C.No.110 of 2019 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 proceedings in C.C.No.110 of 2019.

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5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5,000/-(Rupees Five Thousand only) as costs to the Credit of the Rojavanam Old Age Home, Madurai and filed the original cash receipt along with this memo on 27.02.2020. The said submission is placed on record.

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6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.110 of 2019, on the file of the learned Judicial Magistrate Court, Devakottai, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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Encl:Xerox copy of the Joint Compromise Momo

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1.The Judicial Magistrate Court, Devakottai.

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

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2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

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

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4.The Office Incharge, Rojavanam old Age Home, Madurai.

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+2 CC to M/s.G.BALASUBRAMANIAN, Advocate ( SR-9005[F] dated 27/02/2020 )

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Crl.O.P.(MD)No.3597 of 2020

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27.02.2020

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SPU(08.05.2020) 3P 7C

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

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Revathi Sambasivam v. The Inspector of Police

Case brief

What is this about?

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Revathi Sambasivam v. The Inspector of Police

Case brief

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