High Court of Madras quashed an FIR under Section 482 Cr.P.C. after parties reached an amicable compromise. Court relied on Supreme Court guidelines permitting quashing even for non-compoundable offences to avoid futile litigation when settlement is genuine.
FIR in Crime No.08 of 2022 is quashed; terms of compromise affidavit form part of order.
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.1866 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.1866 of 2023 and
Crl.M.P.No.1045 of 2023
1.State : Inspector of Police, W-26, All Woman Police Station, Ashok Nagar, Chennai.
2.P.Shanmuga Mayuri D/o.Pushpa Shanmuga Sundram ... Respondents
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Crl.O.P No.1866 of 2023
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.08 of 2022 pending on the file of first respondent.
For Petitioners : Mr.T.K.S.Gandhi For Respondents : Mr.A.Gopinath Government Advocate [Crl.side][R1] *****
O R D E R
This Criminal Original Petition has been filed seeking to quash the
proceedings in Crime No.08 of 2022 pending on the file of first respondent.
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Crl.O.P No.1866 of 2023
respondent. This Court also enquired both the parties and was satisfied that the
parties have come to an amicable settlement between themselves.
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 Suprme 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 FIR in Crime No.08 of 2022 pending on the file of first respondent.
This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.08 of 2022 pending on the file of first respondent is quashed and the terms of affidavit shall form part and parcel of this order. consequently, connected miscellaneous petition is closed.
11.07.2023
Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No gm
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N. ANAND VENKATESH., J
gm
To
Crl.O.P No.1866 of 2023
11.07.2023
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2 issues framed by the court
Whether the FIR should be quashed under Section 482 Cr.P.C. after an amicable compromise between parties despite non-compoundable nature of offences
Whether the settled dispute warrants quashing of criminal proceedings pending at investigation stage
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶31
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¶31
The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10
1 provisions across 1 enactments
1.V.Prabhakaran S/o.Viswanathan
2.C.Viswanathan S/o.Chinnasamy
3.V.Manjanai W/o.Viswanathan
4.V.Kannadhasan S/o.Viswanathan
5.Vanitha W/o.Kannadhasan
6.V.Neppoliyan S/o.Viswanathan
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N. ANAND VENKATESH
Parties & counsel
