The Court allowed the criminal original petition to quash proceedings in Crime No.10 of 2019. It held that since the parties settled amicably the FIR being non-compoundable does not prevent quashing as no useful purpose would be served by keeping it pending.
The proceedings in Crime No.10 of 2019 on the file of the 1st respondent 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: 22.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.14971 of 2020
1.Anand Kannappan
2.N.Kannappan
3.K.N.Meenal ...Petitioners
-Vs-
1.State rep by
All Women Police Station
W-19, Adyar
Chennai-600 020.
2.A.R.N.Akshaya Lakshmi ... Respondents
Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to Crime No.10 of 2019 pending on the file of the 1st respondent and quash the same.
For petitioners: Mr.A.Arulmozhi For respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.G.Rajkumar for R2
for R1
ORDER
This Criminal Original Petition has been filed to call for the records in connection with Crime No.10 of 2019 pending on the file of the 1st respondent and quash the same.
2.The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.An affidavit of defacto complainant dated 30.03.2021 has been filed before this Court which has been signed by the defacto complainant and her counsel. All the parties are present through video conference and identified by their respective
counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and the same were made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.10 of 2019, on the file of the 1st respondent, is quashed and the terms of the affidavit of defacto complainant dated 30.03.2021 shall form part and parcel of this Order.
*The Xerox Copy of the
affidavit enclosed
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
Jer
To
1.The Inspector of Police
All Women Police Station
W-19, Adyar
Chennai-600 020.
2.The Public Prosecutor
High Court of Madras.
+2cc to M/sl.R.Anitha, Advocate Sr.24812
+1cc to Mr.A.Arulmozhi, Advocate Sr.24807
Crl.O.P.No.14971 of 2020
ssd[co]
srg 03/05/2021
2 issues framed by the court
Whether to quash the First Information Report in a non-compoundable offence after the parties have reached an amicable settlement.
Whether the proceedings in the case are maintainable given that the investigation is still in progress.
1 provisions across 1 enactments
Anand Kannappan & Ors.
The State represented by the Inspector of Police, A.W. P.S.
A.R.N.A. Akshaya Lakshmi
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
