The High Court quashed the FIR in Crime No.68/2020 under Section 482 Cr.P.C. after parties amicably settled their dispute via a joint compromise affidavit, finding no useful purpose in keeping the investigation pending despite non-compoundable offences.
The First Information Report in Crime No.68 of 2020 pending with the respondent police is 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 : 10.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.3690 of 2021
Versus
1.The State represented by its Inspector of Police, All Women Police Station, I/C, Papparapatti Police Taluk, Dharmapuri District. Crime No.68 of 2020
...1st Respondent/Complainant ...2nd Respondent/Defacto-Complainant
This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records in in Crime No.68/2020 pending on the file of the respondent police and quash the same.
For Petitioner : Mr.C.Kartheeban For Respondents : Mr.C.Raghavan R1 Government Advocate (Crl. Side) O R D E R
The Criminal Original Petition has been filed to quash the FIR in Crime No.68 of 2020, pending on the file of the 1st respondent.
Station, Dharmapuri District. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No68 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
Sd/Assistant Registrar(CS VI) //True Copy//
Sub Assistant Registrar rli
Xerox copy of Joint Compromise Memo.
To
Crl.O.P.No.3690 of 2021
SKY(CO) CSR 09.04.2021
3 issues framed by the court
Whether the First Information Report in Crime No.68 of 2020 can be quashed under Section 482 Cr.P.C. despite offences being non-compoundable, given the parties' amicable settlement.
Whether the court has jurisdiction to quash the FIR when the case is at the stage of investigation due to a compromise between parties.
Whether the terms of the joint compromise affidavit form part of the order upon quashing the FIR.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathExplained¶20
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
The State of Madhya Pradesh v. Dhruv Gurjar and AnotherExplained¶20
(2019) 2 MLJ Crl 10, The State of Madhya Pradesh v. Dhruv Gurjar and Another
1 provisions across 1 enactments
M.Arun @ Arunkumar, C.Munusamy, N.Sekar, M.Shantha, S.Nirmala
The State represented by its Inspector of Police, All Women Police Station, I/C, Papparapatti Police Taluk, Dharmapuri District
P.Vijaya
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
