The High Court quashed an FIR involving matrimonial offences under Section 482 Cr.P.C., relying on the Parbathbhai Aahir judgment. A joint compromise was signed by petitioners and the de facto complainant, rendering continued investigation useless.
Quashment of FIR in Crime No.11 of 2021; execution of Joint Memo of Compromise;
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.6412 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.6412 of 2022
1.Arunkumar 2.Mensila @ Menslla ... Petitioners/Accused Nos.1 & 2
Vs.
1.State Rep. by The Inspector of Police, All Women Police Station, Tuticorin, Tuticorin District. (In Cr.No.11 of 2021) ... 1st Respondent/Complainant
2.Mary Thomas Saloshiya ...2nd Respondent/Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Crime No.11 of 2021 on the file of the 1st Respondent police and quash the same in respect of the petitioner alone.
For Petitioners : Mr.V.Malaiendran For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) For R2 : Mr.S.Paul Murugesh
ORDER
The Criminal Original Petition has been filed to quash the FIR as against the petitioner in Crime No.11 of 2021 on the file of the first respondent for the alleged offences under Sections 498(A), 406, 312 and 506(i) IPC.
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Crl.O.P(MD)No.6412 of 2022
20/04/2022 Sub Assistant Registrar(CS)
vsd
Encl:Photocopy of Joint Compromise Memo.
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
Tuticorin,Tuticorin District.
Madurai Bench of Madras High Court,Madurai.
3.The Joint Secretary to Government,
CMPRF (Finance Department),
Secretariat Branch, Chennai-9.
+1 CC to M/s.V. MALAIYENDRAN, Advocate ( SR-19417[F] dated 19/04/2022 )
MGJ(20.04.2022) 2P 5C
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2 issues framed by the court
Whether the FIR can be quashed under Section 482 Cr.P.C. despite allegations of non-compoundable offences when a compromise is reached.
Whether the terms of the Joint Memo of Compromise should be made part of the court order.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujaratApplied¶20
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
Arunkumar
Mensila @ Menslla
State Rep. by The Inspector of Police, All Women Police Station, Tuticorin
Mary Thomas Saloshiya
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
