Allowed

Abuthaheer v. the Inspector of Police

Madras HC4 Mar 2021CRL OP/2428/2021

Case brief

AI extract

What is this about?

The High Court quashed an FIR pending investigation under Section 482 Cr.P.C. where parties had executed a joint compromise memo, applying Supreme Court guidelines to prevent misuse of process even for non-compoundable offences.

What did the court decide?

FIR quashed; investigation quashed; petitioners to pay Rs. 2,500 as costs to President, Tamil Nadu Advocates Clerk Association within one week.

Abuthaheer Vs the Inspector of Police — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.03.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P.NO.2428 OF 2021

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1.Abuthaheer 2.Thirumurthy Balagy 3.Manikandan 4.Premkumar ...Petitioners .Vs. 1. The Inspector of Police, Periyanaickenpalaym Police Station, Periyanaickenpalaym, Coimbatore District. ... 1^st Respondent (Crime No.247 of 2019) 2.Ramkumar .. 2^nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.247 of 2019, on the file of the 1^st respondent Police and quash the same. For Petitioners : Mr.K.Arunraj For Respondents : Mr.C.Raghavan Government Advocate for R 1

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This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.247 of 2019, pending on the file of the 1^st respondent.

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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.

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

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A Joint Compromise Memo, dated 06.01.2021, has been filed before this Court which have been signed by the petitioners and the 2^nd respondent and also by their respective counsel. The petitioners and the second respondent were also present before this Court and they were identified by Mr.Tamilmani, Police Constable, Periyanaickenpalaym, Coimbatore. In order to identify the respective parties petitioners have also produced the copies of the Aadhaar Card and it is made part of the record. In the joint compromise memo, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.247 of 2019. 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 First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court in (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported in (2017) 9 SCC 641, 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 First Information Report in Crime No. 247 of 2019 , on the file of the 1^st respondent Police.

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This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No. 247 of 2019, on the file of the 1^st respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.2500/- (Rupees two 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.

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//True Copy//

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Sub Assistant Registrar

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

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The Inspector of Police, Periyanaickenpalaym Police Station, Periyanaickenpalaym, Coimbatore District.

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The Public Prosecutor, High Court, Madras.

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Copy To The President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai. +2cc to Mr.K.Arunraj, Advocate, S.R.No.13613 CRL.O.P.No.2428 of 2021 GSM(CO) CS/01/04/2021

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

Abuthaheer v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Abuthaheer v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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