The High Court quashed an FIR under Section 482 Cr.P.C., citing a compromise between parties and Supreme Court guidelines. The order directs payment of costs to a medical officer on penalty of dismissal.
FIR in Crime No.307 of 2021 quashed and terms of Joint Memo of Compromise incorporated.
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.669 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.669 of 2022
Veerpandi @ Periyasamy ... Petitioner/Sole Accused
Vs.
1.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District. (Crime No.307 of 2021) ... 1st Respondent/Complainant
2.Vembadurai ... 2nd Respondent/Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in connection with the Crime No.307 of 2021 on the file of the first respondent and quash the same.
For Petitioner : Mr.S.M.Sanjay For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.Side) for R.1
Mr.D.Palani Kumar for R.2
ORDER
This Criminal Original Petition has been filed to quash the FIR as against the petitioners in Crime No.307 of 2021 on the file of the first respondent for the alleged offences under Sections 294(b), 392 and 397 IPC.
1/3
Crl.O.P.(MD)No.669 of 2022
Assistant Registrar(CS-II)
// True Copy //
mga
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
1.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.
2/3
Crl.O.P.(MD)No.669 of 2022
Copy to The District Siddha Medical Officer, CCRI, Periyakulam.
Crl.O.P(MD)No.669 of 2022 21.03.2022
ck(CO) TR(22.03.2022) 3P 4C
3/3
2 issues framed by the court
Whether the FIR should be quashed in view of a compromise between parties despite the offences being non-compoundable.
Whether the guidelines laid down by the Supreme Court in Parbathbhai Aahir case apply to quash an FIR in the present matter.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶21
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
Veerpandi @ Periyasamy
Inspector of Police, Devakottai Taluk Police Station, Sivagangai District
Vembadurai
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
