Malarkkodi v. The Deputy Superintendent of Police
Case brief
What is this about?
This court recalled its earlier order quashing an FIR in a SC/ST atrocity case. The quashment, based on a compromise between families, was lifted after the accused abandoned the petitioner, failed to provide maintenance, and fled following the quashment. Justice G.K.ILANTHIRAIYAN directed restitution of the case to the police.
What did the court decide?
The order dated 28.02.2022 in Crl.O.P.(MD)No.19040 of 2021 recalling the FIR is recalled; the case is restored to the file of the police for investigation.
What the court decided
CRL MP(MD). No.13395 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction
Wednesday, the Twenty First day of December Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
CRL MP(MD). No.13395 of 2022 in
Crl.O.P.(MD)No.19040 of 2021
Malarkkodi
... Petitioner/3rd Respondent.
Vs
- The Deputy Superintendent Of Police, Periyakulam, Theni, Theni District.
- The Inspector of Police All Women Police Station, Periyakulam, Theni District. Crime No.47 of 2021.
Issues for consideration
1 issue framed by the court
Whether the order quashing the FIR based on a joint compromise memo should be recalled when the accused abandoned the petitioner after the quashment.
Parties & counsel
- petitioner
Malarkkodi
- respondent
A.Gurusamy @ Gurusami
- respondent
Vignesh
- respondent
The Deputy Superintendent Of Police, Periyakulam
- respondent
The Inspector of Police All Women Police Station, Periyakulam
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court