Allowed

C.Kalaiselvi v. the State Rep by

Madras HC19 Apr 2023CRL OP/29272/2019

Case brief

AI extract

What is this about?

The High Court of Madras allowed two Criminal Original Petitions seeking to quash criminal proceedings in a compromise case. Noting a settlement between the close beneficiaries and the final compromise affidavit submitted to the police, the Court held that no useful purpose would be served by keeping the proceedings pending and quashed C.C. No. 5602 of 2019. Consequently, connected miscellaneous p

What did the court decide?

Proceedings in C.C. No. 5602 of 2019 before the V Metropolitan Magistrate, Egmore were quashed.

C.Kalaiselvi Vs the State Rep by — Civil Procedure and Limitation | Madras HC (2023)

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Crl OP Nos. 29272 / 2019 & 2770 / 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.04.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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Criminal Original Petition Nos. 29272 of 2019 & 2770 of 2021

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and

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Crl.M.P. Nos. 15792, 15794 of 2019 & 1539 of 2021

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Dr. C. Kalaiselvi ... Petitioner in Crl.O.P. No. 29272 of 2019 Dr. S. Cadhir ... Petitioner in Crl.O.P. No. 2770 of 2021

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Versus

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1. The State rep., by, Inspector of Police, K4, Anna Nagar Police Station, Chennai – 40.

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2. Arunmozhi ... Respondents in both the petitions

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COMMON PRAYER : Criminal Original Petitions filed under Section 482 of the Criminal Procedure Code seeking to call for the records in C.C. No. 5602 of 2019 on the file of the learned V Metropolitan Magistrate, Egmore and quash the same.

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For petitioners : Mr. S. Agilesh Kumar.

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For Respondents : Mr. S. Balaji, Government Advocate (Crl.Side) for R1

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https://www.mhc.tn.gov.in/judis

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1/5

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Crl OP Nos. 29272 / 2019 & 2770 / 2021

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Mr. E. Udayachander for R2.

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C O M M O N O R D E R

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The Petitions seek quashing of the final report for the alleged

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offence under Sections 294(b), 448, 506(i) read with 34 of the Indian Penal Code.

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It is seen that the defacto complainant and the petitioners are

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closely related to each other. Today when the matter is called, the second respondent and the petitioners have filed separate affidavits mentioning the fact that they compromised the issue amongst them. The respondent police also confirmed the fact that the parties have arrived at a compromise. The affidavits filed by the petitioners and the second respondent are taken on record.

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In view of the settlement arrived at between the parties, no useful

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purpose would be served in keeping the proceedings pending on the file of the learned V Metropolitan Magistrate, Egmore.

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4. Accordingly, these Criminal Original Petitions are allowed by

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2/5

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https://www.mhc.tn.gov.in/judis

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Crl OP Nos. 29272 / 2019 & 2770 / 2021

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quashing the proceedings in C.C. No. 5602 of 2019 on the file of the learned V Metropolitan Magistrate, Egmore. Consequently, the connected

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Miscellaneous Petitions are closed.

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19.04.2023 ay Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

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1. The Inspector of Police, K4, Anna Nagar Police Station, Chennai – 40.

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2. The V Metropolitan Magistrate, Egmore, Chennai.

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3. The Additional Public Prosecutor, High Court of Madras, Chennai.

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https://www.mhc.tn.gov.in/judis

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3/5

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Crl OP Nos. 29272 / 2019 & 2770 / 2021

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SUNDER MOHAN, J

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Crl.O.P. Nos. 29272 of 2019 & 2770 of 2021

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and Crl.M.P. Nos. 15792, 15794 of 2019 & 1539 of 2021

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https://www.mhc.tn.gov.in/judis

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4/5

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Crl OP Nos. 29272 / 2019 & 2770 / 2021

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Dated: 19.04.2023

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https://www.mhc.tn.gov.in/judis

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C.Kalaiselvi v. the State Rep by

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C.Kalaiselvi v. the State Rep by

Case brief

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