Criminal Original Petition filed under Section 482 Cr.P.C. to quash the impugned FIR. The Court noted the de facto complainant wished to discontinue the complaint and parties filed a joint compromise memo, leading to the quashing of the FIR.
The impugned FIR in Crime No.319 of 2016 is quashed. 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.1244 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.1244 of 2021
1.Karthick 2.Anandh @ Ananthamurugan 3.Saravanan @ Saravanakumar 4.Ramesh ... Petitioners/Accused 1 to 4
Vs.
1.State rep by The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District. (In Crime No.319 of 2016) ...1st Respondent/Complainant
2.Velmurugan ...2nd Respondent/Defacto Complainant
Prayer : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records relating to the impugned FIR in Crime No.319 of 2016 on the file of the Inspector of Police, Paramakudi Police Station, Paramakudi, Ramanathapuram District and quash the same.
For Petitioners : Mr.K.Yasar Arafath For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1. Mr.PL.S.Solaialgan for R2.
O R D E R
This criminal original petition has been filed to quash the impugned FIR in Crime No.319 of 2016 registered on the file of the first respondent.
2.The defacto complainant/Velmurugan is present before this Court in person. He has been duly identified by Mr.G.Ramaiah, Sub Inspector of Police attached to first respondent police station. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. The parties have also filed a memo of joint compromise dated 22.01.2021. Since the parties have arrived at an amicable settlement, no purpose will be served in https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P(MD)No.1244 of 2021
keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed.
Assistant Registrar (CS-I)
// 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:
1.The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.
Madurai Bench of Madras High Court, Madurai
+1 CC to M/s.K.YASAR ARAFATH, Advocate ( SR-37680[F] dated 07/12/2021 )
Crl.O.P(MD)No.1244 of 2021 07.12.2021
RJ(CO) KB(22.12.2021) 2P 4C
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1 issue framed by the court
Whether the impugned FIR in Crime No.319 of 2016 should be quashed given the amicable settlement reached between the parties.
1 provisions across 1 enactments
Karthick and others
State rep by The Inspector of Police, Paramakudi Town Police Station
Velmurugan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
