High Court quashed a non-compoundable FIR under Section 482 Cr.P.C. as parties had filed a joint compromise memo. Petitioners ordered to pay contribution funds.
FIR in Crime No.271 of 2020 quashed. Petitioners to pay Rs.5,000 to CMPRF.
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.7549 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.7549 of 2022
1.Gowtham
2.Arun @ Arunkumar
...Petitioners/Accused Nos.1 & 2
Vs.
1.State Rep. by The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.
(In Cr.No.271 of 2020) ...1st Respondent/Complainant
2.Selvaraj ... 2nd Respondent/Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the FIR in Crime No.271 of 2020, dated 18.10.2020 on the file of the first respondent and quash the same as against the petitioners/accused Nos.1 & 2.
For Petitioner : Mr.C.Susi Kumar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl. Side)
For R2 : Mr.R.Maheswaran
ORDER
The Criminal Original Petition has been filed to quash the FIR as against the petitioners in Crime No.271 of 2020 on the file of the first respondent.
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Crl.O.P(MD)No.7549 of 2022
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 FIR in Crime No.271 of 2020.
// True Copy //
vsd
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.
ENCL:Xerox Copy of Joint Compromise Memo
To
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Crl.O.P(MD)No.7549 of 2022
COPY TO:-
THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
+1 CC to M/s.C. SUSI KUMAR, Advocate ( SR-21409[F] dated 26/04/2022 )
Crl.O.P(MD)No.7549 of 2022 25.04.2022
PK(CO) GC(27.04.2022) 3P 5C
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1 issue framed by the court
Whether the FIR should be quashed in view of a joint compromise memo filed by the parties despite non-compoundable nature of offences?
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathApplied¶24
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
Gowtham
Arun @ Arunkumar
State Rep. by The Inspector of Police
Selvaraj
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G.K.ILANTHIRAIYAN
Parties & counsel
