The High Court quashed criminal proceedings filed against four accused persons after the defacto complainant indicated a desire not to pursue the matter despite a joint compromise memo being filed.
Criminal proceedings in C.C.No.91 of 2020 are quashed and the 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.
1 CRL.O.P.(MD)NO.7534 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.7534 of 2021
Accused Nos.1 to 4
Vs.
Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to record the compromise reached between the petitioners/ accused and the defacto complainant / second respondent herein and call for the records in C.C.No.91 of 2020 on the file of the Judicial Magistrate Court No.II, Virudhunagar, Virudhunagar District and quash the same as illegal.
For Petitioners : Mr.M.Jothi Basu For R-1 : Mr.A.Albert James, Government Advocate. For R-2 : Mr.K.Ramamoorthy
O R D E R
Heard the learned counsel on either side.
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2 CRL.O.P.(MD)NO.7534 OF 2021
prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.
// True Copy //
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:
1.The Judicial Magistrate NO.II,Viruthunagar District
+1 CC to M/s.G.M. LAW OFFICE, Advocate ( SR-36597[F] dated 30/11/2021 )
Crl.O.P.(MD)No.7534 of 2021 29.11.2021
SRK(CO) KB(13.12.2021) 2P 5C
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Sivarajan and Others
State rep. By, The Sub Inspector of Police
Paramasivam
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
