In a petition seeking quashal of FIR proceedings under Section 482 Cr.P.C. relying on a compromise affidavit, the Court observed the petitioner had more than 11 serious pending cases and rejected the quashal prayer citing public interest and antecedents instead.
Criminal Original Petition dismissed; writ of quashal refused.
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Crl.O.P.No.3541 of 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2021
CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.3541 of 2021
and
Crl.M.P.No.2077 of 2021
Kiran @ Kiran Sai .. Petitioner
Vs.
1. The State Represented by,
The Inspector of Police,
Thiruttani Police Station,
Thiruvallur District,
(Cr.No.1543 of 2020)
2. G.Saravanan .. Respondents
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to
call for the records and to quash the proceedings in Crime No.1543 of 2020 on the file of the respondent police.
For Petitioner : Mr.K.Murugan
2 Crl.O.P.No.3541 of 2021
For Respondent No.1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
Mr.Devan, Sub-Inspector of Police, was present at
the time of hearing through video conferencing.
this Court passed the following order :-
This petition has been field to quash the FIR insofar as the petitioner is concerned only on the ground that the
Defacto complainant himself had taken a stand that he never mentioned the name of the petitioner at the time
of giving the complaint and the name of the petitioner
https://www.mhc.tn.gov.in/judis/ has been wrongly added in the FIR. The defacto
Crl.O.P.No.3541 of 2021
3
complainant who was also present before this Court has
filed an affidavit to that effect.
2. The learned Government Advocate is
directed to take instructions in this regard and report before this Court. Post this case under the caption for
Reporting compromise on 17.03.2021 @ 2.15 p.m.
that the investigation has been completed and a final report was filed
before the learned Judicial Magistrate, Thiruttani in FR No.283 of 2020
dated 19.07.2020. The learned Additional Public Prosecutor on instructions submitted that there are nearly 11 cases pending against
the petitioner and most of the cases are very serious in nature. The
learned Additional Public Prosecutor further submitted that there are all chances of the petitioner threatening the 2nd respondent which has
made him file the affidavit before this Court.
4 Crl.O.P.No.3541 of 2021
petitioner and since public interest is involved, inspite of an affidavit
filed by the 2nd respondent, this Court is not inclined to quash the FIR. In the result, this Criminal Original petition is dismissed and the learned Judicial Magistrate, Thiruttani, is directed to act upon the final report, within a period of four weeks from the date of receipt of
copy of this order. Consequently, the connected miscellaneous
petition is also closed.
17.03.2021
Index :Yes/No
Internet:Yes/No
rka
To
1. The Inspector of Police,
Thiruttani Police Station,
Thiruvallur District,
Crl.O.P.No.3541 of 2021
5
N.ANAND VENKATESH, J.
rka
Crl.O.P.No.3541 of 2021
17.03.2021
1 issue framed by the court
Whether the criminal proceedings should be quashed based on the petitioners antecedents despite an alleged compromise affidavit filed by the second respondent.
1 provisions across 1 enactments
Kiran @ Kiran Sai
The State Represented by The Inspector of Police Thiruttani Police Station Thiruvallur District
G. Saravanan
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
