The High Court of Madras quashed an FIR in exercise of its jurisdiction under Section 482 Cr.P.C. The court found that the parties had reached an amicable settlement despite the offence being non-compoundable, citing Supreme Court guidelines.
Quashed the First Information Report in Crime No.1 of 2021 filed on the file of the first respondent Police.
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.28147 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.28147 of 2022 and Crl.M.P.No.17315 of 2022
Ganesh Kumar
.. Petitioner
Versus
Vellore District.
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned F.I.R registered in Crime No.1 of 2021 on the file of Inspector of Police, CBCID, Vellore, Vellore District, the first respondent herein and quash the same as illegal.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for R1
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Crl.O.P.No.28147 of 2022
ORDER
The Criminal Original Petition has been filed to quash the F.I.R in
Crime No.1 of 2021, pending on the file of the first respondent.
decided to bury their hatchet and compromise the dispute amicably among themselves.
complainant has been filed before this Court. The petitioner and the second respondent along with her child Sai Pranav were also present in person before this Court and they were identified by M/s.S.Mahalakshmi, Inspector of Police, CBCID, Vellore. The second respondent stated that she married another person named Praveen and she is living with him happily. She also stated that she does not want to prosecute this case. In the affidavit, it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.1 of 2021. 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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Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no
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Crl.O.P.No.28147 of 2022
grs
N.ANAND VENKATESH, J.
grs
To
Crl.O.P.No.28147 of 2022
20.07.2023
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2 issues framed by the court
Whether the First Information Report should be quashed in view of a settlement between the parties.
Whether Sections 482 CrPC can be exercised to quash a non-compoundable offence upon settlement.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujaratRelied on¶32
( 2017) 9 SCC 641 - ( Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
The State of Madhya Pradesh Vs. Dhruv Gurjar and AnotherRelied on¶32
The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10
1 provisions across 1 enactments
Ganesh Kumar
The State
Inspector of Police
Sai Prasanthi
N.ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
