The Madurai Bench of the Madras High Court allowed a Criminal Original Petition filed under Section 482 Cr.P.C. to quash prosecution proceedings. The court quashed the proceedings as the parties had arrived at an amicable settlement.
The impugned proceedings in P.R.C.No.79 of 2020 are quashed and the Criminal Original Petition is allowed.
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.
Crl.O.P(MD)No.11844 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.11.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.11844 of 2021
1.R.Venugopal 2.A.Arun 3.V.Saravanan 4.J.Vignesh ... Petitioners Vs.
1.The Inspector of Police, Veelichanthai Police Station, Kanyakumari District.
2.T.Jenish ... Respondents
Prayer : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records from the learned Judicial Magistrate Court, Eraniel, in P.R.C.No.39 of 2020 and quash the same as it has not prima facie case against the petitioners.
For Petitioners : Mr.H.Velavadhas For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1. Mr.C.Ilan Kaleeswaran for R2
O R D E R
This criminal original petition has been filed to quash the impugned prosecution presently pending in P.R.C.No.79 of 2020 on the file of the Judicial Magistrate, Eraniel.
2.The defacto complainant/T.Jenish is present in person before this Court. The case involves the damage caused to the deafcto complainant's brother namely, Antony Sasi. He is also present before this Court in person. They have no objection for quashing the impugned prosecution. Since the parties have arrived at an https://hcservices.ecourts.gov.in/hcservices/ amicable settlement, no purpose will be served in keeping the
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Crl.O.P(MD)No.11844 of 2021
impugned prosecution alive. The impugned proceedings are quashed. The Criminal Original Petition is allowed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
ias
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
(Enclosed herewith the Joint Compromise Memo) 1.The Judicial Magistrate, Eraniel. 2.The Inspector of Police, Veelichanthai Police Station, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.11844 of 2021 18.11.2021
AR(CO) SB(29.11.2021) 2P 4C
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1 issue framed by the court
Whether the impugned prosecution should be quashed in view of the settlement between parties.
1 provisions across 1 enactments
R.Venugopal and others
The Inspector of Police, Veelichanthai Police Station, Kanyakumari District
T.Jenish
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
