Allowed

Lokesh v. State Rep by

Madras HC1 Feb 2021CRL OP/20565/2020

Case brief

AI extract

What is this about?

The High Court of Madras quashed criminal proceedings in a trial stage case upon satisfaction that the parties had amicably settled the dispute through a joint compromise affidavit. Following Supreme Court guidelines on quashing non-compoundable offences via settlement, the court allowed the petition and directed payment of court costs.

What did the court decide?

Proceedings in C.C.No.287 of 2020 quashed; terms of joint compromise affidavit made part of this order; petitioners directed to pay Rs.1500/- costs.

Lokesh Vs State Rep by — Quashing and FIR | Madras HC (2021)

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Crl. OP No.20565 of 2020 and Crl MP Nos.8636 & 8637 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.02.2021

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl. OP No. 20565 of 2020
and Crl MP Nos.8636 & 8637 of 2020
1. Logesh
2. Kavitha
3. Ajithkumar ... Petitioners
vs.
1. State Rep. by
The Inspector of Police,
Nallipalayam Police Station,
Namakkal.
(Crime No.24/2020)
2. Veerappan ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in

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C.C.No.287 of 2020 on the file of the learned Judicial Magistrate No.1,

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Namakkal.

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1/5

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https://www.mhc.tn.gov.in/judis/

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Crl. OP No.20565 of 2020 and Crl MP Nos.8636 & 8637 of 2020

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For Petitioners : Mr.S.Sheik Ismail For Respondents : Mr.M.Mohammed Riyaz, Additional Public Prosecutor, for R1

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Mr.P.N.Vignesh, for R2

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O R D E R

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The Criminal Original Petition has been filed to call for the records of

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the proceedings in C.C.No.287 of 2020 pending on the file of the learned Judicial Magistrate No.1, Namakkal.

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The case is still at the stage of Trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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The Joint Compromise affidavit dated 22.01.2020 has been filed

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by the second respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by Ms.Radha, Sub Inspector of Police, Nallipalayam Police Station, Namakkal. In the affidavit it has been

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2/5

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https://www.mhc.tn.gov.in/judis/

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Crl. OP No.20565 of 2020 and Crl MP Nos.8636 & 8637 of 2020

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stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.287 of 2020. 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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Under such circumstances, no useful purpose will be served in keeping the case 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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10 , this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in C.C.No.287 of 2020 pending on the file of the learned Judicial Magistrate

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No.1, Namakkal.

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This Criminal Original Petition stands allowed and as a sequel, the

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proceedings in C.C.No.287 of 2020, pending on the file of the learned 3/5

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https://www.mhc.tn.gov.in/judis/

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Crl. OP No.20565 of 2020 and Crl MP Nos.8636 & 8637 of 2020

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Judicial Magistrate No.1, Namakkal, is quashed and the terms of affidavit
shall form part and parcel of this order. The petitioners shall pay a sum of
Rs.1500/- (Rupees One Thousand Five Hundred only) as costs, to the credit
of the President, Tamil Nadu Advocates Clerk Association, Madras High
Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006,
IFSC Code:IDIB000M157) , 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. Consequently, the connected
miscellaneous petitions are closed.
01.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
To
1. The Inspector of Police,
Nallipalayam Police Station,
Namakkal.
2. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.

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4/5

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https://www.mhc.tn.gov.in/judis/

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Crl. OP No.20565 of 2020 and Crl MP Nos.8636 & 8637 of 2020

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N.ANAND VENKATESH, J. jv

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Crl. OP No. 20565 of 2020
and Crl MP Nos.8636 & 8637 of 2020
01.02.2021

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5/5

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https://www.mhc.tn.gov.in/judis/

Lokesh v. State Rep by

Case brief

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Lokesh v. State Rep by

Case brief

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