Allowed

K.Anbalagan v. Saraswathi

Madras HC7 Apr 2022CRL OP(MD)/6039/2022

Case brief

AI extract

What is this about?

Criminal Original Petition to quash a charge sheet under Section 482 Cr.P.C. allowed. The High Court quashed proceedings following a joint compromise memo despite non-compoundable offenses, citing Parbathbhai Aahir guidelines, and directed payment of costs.

What did the court decide?

Quashing of charge sheet in C.C No. 107 of 2019; Joint compromise memo becomes part of order; Rs. 5,000 costs payable to Govt. CMPRF within 27 days.

K.Anbalagan Vs Saraswathi — Quashing and FIR | Madras HC (2022)

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Crl.O.P.(MD)No.6039 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.04.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P(MD)No.6039 of 2022

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K.Anbalagan 2. S.K.Balasubramanian ... Petitioners/ 2^nd and 3^rd Respondents

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Vs. K.Murugan (Died) ... Defacto Complainant/ Deceased

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Saraswathi 2. Kannan 3. Palanikumar ... Respondents/ Legal Heirs of Defacto Complainant

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Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the private complaint in C.C No. 107 of 2019 on the file of the learned Judicial Magistrate No.II, Ramanathapuram and quash the same insofar as the petitioners are concerned.

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For Petitioners : Mr.P.Venkatesan For Respondents : Mr.C.Jeganathan

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ORDER

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This Criminal Original Petition has been filed to quash the charge sheet in C.C No. 107 of 2019 on the file of the learned Judicial Magistrate No.II, Ramanathapuram.

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2 . The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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3. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the respondents and also by their respective counsel.

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4 .Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent https://hcservices.ecourts.gov.in/hcservices/ police. Even though, the offences involved are not compoundable in

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Crl.O.P.(MD)No.6039 of 2022

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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 Charge Sheet in C.C No. 107 of 2019 pending on the Judicial Magistrate No.II, Ramanathapuram.

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5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C No. 107 of 2019, on the file of the Judicial Magistrate No.II, Ramanathapuram, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB , Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 27.04.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court.

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Assistant Registrar(AD-I)

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// True Copy //

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mga

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Encl.: xerox copy of Joint Compromise memo.

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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.

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The Judicial Magistrate No.II, Ramanathapuram.

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2.The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

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Crl.O.P(MD)No.6039 of 2022 07.04.2022

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na(CO)

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TR(19.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/

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K.Anbalagan v. Saraswathi

Case brief

What is this about?

What did the court decide?

K.Anbalagan v. Saraswathi

Case brief

What is this about?

What did the court decide?

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