Allowed

K.Praveen Kumar v. the State Rep.by

Madras HC15 Sept 2023CRL OP/21383/2023

Case brief

AI extract

What is this about?

The Court quashed the FIR in Crime No.8 of 2023 under Section 482 Cr.P.C. The parties reached an amicable compromise, evidenced by a joint memo and affidavit, and the dispute was settled before trial commencing.

What did the court decide?

Quashed the First Information Report in Crime No.8 of 2023 and allowed the petitioners to rely on the Joint Compromise Memo.

K.Praveen Kumar Vs the State Rep.by — Cheating and Forgery | Madras HC (2023)

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Crl.O.P No.21383 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.09.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl.O.P No.21383 of 2023

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1.K.Praveen Kumar 2.K.Karthikeyan 3.S.Kalaiarasi Petitioners

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vs.

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1.State Rep by the Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai – 600 045

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2.S.Suganya

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Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR No.8 of 2023 on the file of the first respondent police and quash the same.

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For Petitioners : M/s. R.Shanthi

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For Respondent 1 :Mr. A. Damodaran,

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Additional Public Prosecutor

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For Respondent 2 : Mr.V.Suresh Kumar

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ORDER

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The Criminal Original Petition has been filed to quash the FIR in

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Crime No.8 of 2023 on the file of the first respondent.

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Crl.O.P No.21383 of 2023

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The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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The Joint Memo of Compromise and the affidavit of the second respondent have been filed before this Court which have been signed by the petitioners and the defacto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mrs.Ramaprabha, Sub Inspector, W1 AWPS, Tambaram (Mob.No.9360852951). In the joint compromise memo and the affidavit of the second respondent, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.8 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Under such circumstances, no useful purpose will be served in keeping the First Information Report 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-

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Crl.O.P No.21383 of 2023

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(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 First Information Report in Crime No.231 of 2023, on the file of the 1^st respondent Police.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.8 of 2023, on the file of the 1^st respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.

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15.09.2023

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Index : Yes/No Speaking Order/Non-Speaking Order Neutral Citation: Yes/No

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Crl.O.P No.21383 of 2023

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