M.Madhan v. State Rep by
Case brief
What is this about?
The Madras High Court quashed an FIR in exercise of its power under Section 482 CrPC, relying on Supreme Court guidelines regarding peace settlements, even though the underlying offences were not compoundable.
What did the court decide?
Quashing of FIR in Crime No.4500 of 2020 with terms of compromise forming part of the order.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P.No.4551 of 2021
- M.Madhan
2. E.Naresh
3. D.Anandhan
4. T.Adhikesavan ...Petitioners
Versus
1.The State represented by its
Inspector of Police,
H-3, Tondiarpet L & O Police Station,
Old Washermenpet,
Chennai-21.
T.I.Rajan
....Respondents
This Criminal Original Petition is filed under Section 482
of Criminal Procedure Code praying to call for the records and
quash the FIR in Crime No.4500 of 2020 pending on the file of
the first respondent and quash the same.
For Petitioners : Mr.S.Apune
For Respondents : Mr.C.Raghavan R1
Government Advocate
(Crl. Side)
Ms.B.Elakkiya for R2
O R D E R
The Criminal Original Petition has been filed to quash the FIR in Crime No.4500 of 2020, pending on the file of the 1st respondent.
- 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 compromise memo dated 22.02.2021 and the Affidavit of the second respondent/defacto complainant dated 22.02.2021 has been filed before this Court. The petitioners and the second respondent were also present before this Court at the time of hearing through video conferencing and they were identified by Mr.Balasubramaniyan, Sun Inspector of Police, H-3,
Issues for consideration
1 issue framed by the court
Whether the FIR can be quashed in view of a joint compromise despite offences being non-compoundable
Parties & counsel
- petitioner
M. Madhan
- petitioner
E. Naresh
- petitioner
D. Anandhan
- petitioner
T. Adhikesavan
- respondent
The State Inspector of Police
- respondent
Case details
As recorded by the court registry
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