This petition was allowed. The Madurai Bench of the Madras High Court quashed criminal proceedings in S.C.No.78 of 2020. The court noted the defacto complainant and victim did not wish to pursue the matter, and petitioners filed a joint compromise memo.
The impugned proceedings in S.C.No.78 of 2020 are 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.
1 CRL.O.P.(MD)NO.4244 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4244 of 2021
Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in S.C.No.78 of 2020 on the file of the I Additional Assistant Sessions Judge, Madurai and quash the same based on the compromise memo entered into between the petitioners and respondents 2 and 3.
For Petitioners : Mr.A.Balaji For R-1 : Mr.A.Albert James, Government Advocate(Crl. Side) For R-2 & R-3 : Mr.S.Saravanakumar
O R D E R
Heard the learned counsel on either side.
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2 CRL.O.P.(MD)NO.4244 OF 2021
and will not indulge in any kind of criminal activities. The defacto complainant also does not want to pursue the matter. The victim as well as the petitioners have filed a joint compromise memo. The second petitioner Arulmurugan is married and he has got a child also. If the impugned prosecution is allowed to proceed to its logical conclusion, the petitioners will suffer ruin.
PMU
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:
(ENCL : JOINT COMPROMISE MEMO)
Crl.O.P.(MD)No.4244 of 2021 06.12.2021
NSN(CO)
SB(28.12.2021) 2P 4C
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1 issue framed by the court
Whether criminal proceedings should be quashed based on a joint compromise memo and withdrawal by the defacto complainant and victim.
1 provisions across 1 enactments
Vazhivittan @ Muthu Vazhivittan
Arulmurugan
Suriya Prakash
State
Saranya
Senthil Kumar
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
