Allowed

T.Prakash Kumar v. Y.Tamilselvi

Madras HC22 Jun 2022CRL OP/18639/2020

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings under Section 482 Cr.P.C. where the petitioner and respondent reached an amicable settlement via a Joint Memo of Compromise, relying on Supreme Court guidelines despite the offences being non-compoundable.

What did the court decide?

The proceedings in S.C.No.196 of 2018 pending before the Sessions Court were quashed and the compromise terms made part of the order.

T.Prakash Kumar Vs Y.Tamilselvi — Quashing and FIR | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.06.2022

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.18639 of 2020

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and Crl.M.P.No.7295 of 2020

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T.Prakash Kumar

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Vasantha

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Renuka ...Petitioners

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Vs.

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Y.Tamilselvi

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The State represented by, The Inspector of Police (Law & Order), R-7 Police Station K.K.Nagar, Chennai-600 078. ...Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in S.C.No.196 of 2018 pending on the file of the Mahila Sessions Court, Allikulam, Chennai - 600 003 and quash the same.

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For Petitioners: Mr.Shaikh Mehrunnisa Kasim

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For R1 : Ms.S.V.Suruthi For R2 : Mr.A.Gopinath Government Advocate (Crl.Side)

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ORDER

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This Criminal Original Petition has been filed to call for the records in S.C.No.196 of 2018 pending on the file of the Mahila Sessions Court, Allikulam, Chennai - 600 003 and quash the same.

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The case is still pending on the file of the Mahila Sessions Court, Allikulam, Chennai. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and the 1^st respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the case in S.C.No.196 of 2018 pending on the file of the Mahila Sessions Court, Allikulam, Chennai.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.196 of 2018 pending on the file of the Mahila Sessions Court, Allikulam, Chennai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Consequently, the connected miscellaneous petition is closed.

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*Xerox Copy of the Joint Memo of Compromise enclosed

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Sd/-

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Assistant Registrar(CS-VI)

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//True copy//

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Sub Assistant Registrar

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rgi/ham

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The Judge, The Mahila Sessions Court, Allikulam, Chennai -3.

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The Inspector of Police (Law & Order), R-7 Police Station K.K.Nagar, Chennai-600 078.

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3.The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.18639 of 2020 and Crl.M.P.No.7295 of 2020

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GPL(CO) GMY(13/07/2022)

T.Prakash Kumar v. Y.Tamilselvi

Case brief

What is this about?

What did the court decide?

T.Prakash Kumar v. Y.Tamilselvi

Case brief

What is this about?

What did the court decide?

What the court decided

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