The High Court dismissed a Criminal Original Petition under Section 482 CrPC seeking quashing of an FIR. The court held the petition infructuous because the trial was completed and an acquittal judgment had already been passed.
The Criminal Original Petition is dismissed as infructuous and connected miscellaneous petitions are closed.
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.6653 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM :
THE HONOURABLE Mr. JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.6653 of 2019 and Crl.M.P.(MD)Nos.4471 and 4472 of 2019
1.V.Karuppasamy 2.R.Rajathi 3.S.Gooriyammal 4.M.Murugavalli 5.A.Govindharaj
... Petitioners/Accused Nos. 1 to 5
Vs.
1.State Rep. by The Inspector of Police, All Women Police Station, Usilampatti, Madurai. (Crime No.42 of 2017)
... Respondent No.1/Complainant
2.R.Nandhini ... Respondent No.2/Defacto Complainant
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in C.C.No.96 of 2018 on the file of the learned Judicial Magistrate No.I, Usilampatti in FIR in Crime No.42 of 2017, dated 20.06.2017 on the file of the first respondent registred under Sections 498(A), 406, 294(b) and 506(i) of IPC and quash the same as illegal.
For Petitioners : Mr.T.Thirumurugan For R1 : Mr.R.Sivakumar Government Advocate (Crl. side)
For R2 : No Appearance
ORDER
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.42 of 2017 pending on the file of the first respondent police.
2.Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal side) would submit that the trial was already completed and judgment of acquittal was passed on https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.6653 of 2019
24.03.2021. Hence, the prayer sought for in this petition has become infructuous.
3.Recording the submission made by the learned Government Advocate (Criminal side), this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(AS)
// True Copy //
/ /2021
Sub Assistant Registrar(CS)
sji
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
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.6653 of 2019 and Crl.M.P.(MD)Nos.4471 and 4472 of 2019 07.12.2021
(CO)
TR(17.12.2021) 2P 4C
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2 issues framed by the court
Whether the prayer to quash the FIR should be allowed despite the trial already being completed.
Whether the petition has become infructuous as an acquittal judgment was passed.
1 provisions across 1 enactments
V.Karuppasamy
R.Rajathi
S.Gooriyammal
M.Murugavalli
A.Govindharaj
State Rep. by The Inspector of Police
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
