This order quashes criminal proceedings in C.C.No.268 of 2015 after the de facto complainants admitted an amicable settlement. The Court held that no purpose was served in keeping the proceedings alive.
The impugned proceedings in C.C.No.268 of 2015 were 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.
Crl.O.P.(MD)No.870 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.870 of 2021
Vengaiya @ Vengaiyan ... Petitioner/Sole Accused vs. 1.State Rep. by The Inspector of Police, Allinagaram Police Station, Theni District, In Crime No.52 of 2015. ... 1st Respondent/Complainant 2.The Executive Members, Devendira Kulla Uravinmurai, Dr.Ambedkar Street, Allinagaram, Theni District. ... 2nd Respondent/Defacto Complainant 3.Mookaiah 4.Muniyandi 5.Nagaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in C.C.No.268 of 2015 on the file of the Judicial Magistrate Court, Theni, Theni District. For Petitioners : Mr.S.SAthya Chidambaram For R1 : Mr.M.Sakthikumar Government Advocate
O R D E R
This Criminal Original Petition has been filed for quashing the proceedings in C.C.No.268 of 2015 on the file of the Judicial Magistrate Court, Theni, Theni District.
2.The defacto complainants / office bearers of the community organization had lodged a complaint against the petitioners herein. The officer bearers are present in person before this Court. They have been duly identified by Thiru.P.Velmurugan SSI of Police (1409), Allinagaram Police Station, Theni District. The https://hcservices.ecourts.gov.in/hcservices/ defacto complainant categorically states before this Court that
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Crl.O.P.(MD)No.870 of 2021
they have no objection for quashing the impugned proceedings. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned proceedings alive. The impugned proceedings are quashed. The Criminal Original Petition is allowed.
Sd/-
Assistant Registrar (CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rmi
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, Theni, Theni District.
2.The Inspector of Police, Allinagaram Police Station, Theni District,
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.870 of 2021 25.11.2021
RS (09.12.2021) 2P 4C
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2 issues framed by the court
Whether criminal proceedings in C.C.No.268 of 2015 should be quashed in public interest pending an amicable settlement.
Whether the court has jurisdiction to quash proceedings under Section 482 Cr.P.C. upon admission of settlement by parties.
1 provisions across 1 enactments
Vengaiya @ Vengaiyan
State Rep. by The Inspector of Police, Allinagaram Police Station
The Executive Members, Devendira Kulla Uravinmurai
Mookaiah
Muniyandi
Nagaraj
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
