Criminal Original Petition filed under Section 482 Cr.P.C. to quash an FIR. Upon establishing an amicable settlement between the parties despite non-compoundable offences, the High Court exercised inherent jurisdiction to quash the proceedings.
The proceedings in Crime No.18 of 2021 were quashed and the petition allowed.
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.No.11252 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.11252 of 2022 and
Crl.M.P.No.6484 of 2022
... Petitioners
Vs.
... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records and quash the First Information Report
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Crl.O.P.No.11252 of 2022
registered against the petitioner in Crime No.18 of 2021, dated 10.11.2021 on the file of the respondent police.
For Petitioners : Mr.B.Balavijayan
For Respondents : Mr.M.V.Ramachandramurthy Additional Public Prosecutor [P] [R1] Mr.Prakash Adiapadam [R2]
O R D E R
This Criminal Original Petition has been filed seeking to quash the
First Information Report in Crime No.18 of 2021 pending on the file of first respondent.
time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
been filed before this Court. The third petitioner and second respondent
were also present in person before this Court. In the affidavit, it has been
stated that the petitioners and the second respondent have entered into a
compromise and amicably settled their issues in Crime No.18 of 2021
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Crl.O.P.No.11252 of 2022
pending on the file of first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
keeping the case pending, even though, the offences involved are not 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) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10 , this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in Crime No.18 of 2021 pending on the file of first respondent.
N.ANAND VENKATESH, J
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Crl.O.P.No.11252 of 2022
gm
(Rupees One Thousand and Five Hundred only) as costs, to the credit of
the President, Advocates Clerk Association, Udumalpet (Bank of India, Udumalpet Branch, A/c No.824410110004383, IFSC
Code:BKID0008244) , within a period of two (2) weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
Post this case under the caption 'for reporting compliance' on
16.10.2023.
22.09.2023
Note: Issue order copy by 06.10.2023
Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm
To
Crl.O.P.No.11252 of 2022
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1 issue framed by the court
Whether an FIR in a non-compoundable offence can be quashed upon an amicable settlement between the parties at the investigation stage.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶41
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
The State of Madhya Pradesh v. Dhruv Gurjar and AnotherReferred¶41
(2019) 2 MLJ Crl 10 (The State of Madhya Pradesh v. Dhruv Gurjar and Another)
1 provisions across 1 enactments
Rafool Digital Publisher OPC Private Limited
Rafool Retail OPC Private Limited
Siva Narendiran
The Inspector of Police, CBCID, Pondicherry
Jacob Varun Praveen S/o.Selvakumar
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
