Raja v. State Rep.by
Case brief
What is this about?
The High Court of Madras, exercising power under Section 482 Cr.P.C., allowed the criminal original petition and quashed the First Information Report after parties achieved an amicable settlement, relying on Supreme Court guidelines.
What did the court decide?
The First Information Report in Crime No.4048/2009 was quashed and the FIR in Crime No.4049/2009 was also quashed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.18676 of 2020
1.Raja
2.Desapattu
3.Purushothmman ..Petitioners/Accused
Vs.
1.State rep.by
The Inspector of Police,
N-1, Royapuram Police Station,
Chennai – 13.
2.Desarani ..Respondents/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to call for the records in Crime
No.4048 of 2020 filed by the respondent police, Chennai and to
quash the same on the ground of compromise.
For Petitioners : Mr. R.C. Paul Kanagaraj
For Respondents : Mr. M. Mohamed Riyaz, for R1
Additional Public Prosecutor
O R D E R
The Criminal Original Petition has been filed to call for the records relating to the Crime No.4048 of 2020 on the file of the first respondent and quash the same by allowing this Criminal Original Petition.
- 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.
- The joint affidavit of compromise dated 15.10.2020 have been filed by the parties bfore this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Sukumar, Head Constable, N-1 Royapuram Police Station, Chennai, who was also present at the time of hearing through Video conferencing. In the affidavit it has been stated that the petitioners and the
Issues for consideration
2 issues framed by the court
Whether the First Information Report should be quashed under Section 482 Cr.P.C. in light of an amicable settlement despite the offences being non-compoundable.
Whether conditions laid down in Supreme Court precedents regarding quashability of non-compoundable offences based on compromise are satisfied.
Parties & counsel
- petitioner
Raja
- petitioner
Desapattu
- petitioner
Purushothmman
- respondent
State, represented by The Inspector of Police
- respondent
Desarani
Case details
As recorded by the court registry
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