K.Sampath v. R.Arumugam
Case brief
What is this about?
The Court quashed a criminal complaint filed for breach of a sale agreement upon recording an affidavit from the respondent confirming an amicable settlement and mutual resolution of the civil dispute.
What did the court decide?
Criminal proceedings C.C.No.22 of 2016 were quashed. Original memorandum of understanding ordered to be returned to petitioners.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : .11.03.2022
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
CRL.O.P.No.5623 of 2016
1.K.Sampath
2.S.Devakumar
3.Dr.Lathapriya
...Petitioner/ Accused 2-4
Vs.
R.Arumugam ...Respondent/ Complainant
Prayer :- Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the proceedings in C.C.No.22 of 2016 pending on the file of the learned Judicial Magistrate, Gudiyatham and quash the same as not maintainable.
For Petitioners : M/s.S.Santhan
Issues for consideration
2 issues framed by the court
Whether a criminal complaint filed for breach of a property sale agreement can be quashed upon amicable settlement.
Whether the existence of an element of civil dispute and subsequent resolution warrants quashing under Section 482 Cr.P.C.
Parties & counsel
- petitioner
1.K.Sampath
- petitioner
2.S.Devakumar
- petitioner
3.Dr.Lathapriya
- respondent
R.Arumugam
Coram
Case details
As recorded by the court registry
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