High Court quashed an FIR under Sections 498A IPC and Dowry Prohibition Act after confirming an amicable compromise between the petitioners and the second respondent (de facto complainant) before the Court.
First Information Report Crime No.45 of 2022 is quashed; terms of joint compromise memo 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.3146 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.3146 of 2023 and
Cr.M.P.No.1896 of 2023
of 2023 in Crl.O.P.No.3146 of 2023)
...Petitioners
Vs.
2.A.Shahana
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the FIR in Crime No.45 of 2022 pending on the file of All Women Police Station, Ammapet, Salem District.
For Petitioner : Mr.I.M.Siddartha Ramarajan For R-1 : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal side) For R-2 : Mr.R.Nalliyappan
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ORDER
This Criminal Original Petition is filed to quash the FIR in Crime
No.45 of 2022, pending on the file of All Women Police Station, Ammapet, Salem District.
cruelty on the second respondent/defacto complainant demanding dowry and committed the offences punishable under Sections 498 (A), 494, 354 D (1)(i), 294 (b), 506 (i) IPC, Section 4 of Dowry Prohibition Act, 1961 and Section 66E of Information Technology Act, 2000. Therefore FIR was registered on 22.09.2022 in Crime No.45 of 2022 against the petitioners.
passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
dated 12.06.2023 has been filed. A Joint Memo of Compromise dated 12.06.2023 has also been filed before this Court, which have been signed by
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the petitioners and the second respondent and also by the learned counsel for the parties.
enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves. The second respondent answered this Court, that she had entered into a Memorandum of compromise with the petitioners and she has no objection for quashing the proceedings in First Information Report in Crime No.45 of 2022, on the file of the first respondent.
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reported in
reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in Crime No. 45 of 2022, on the file of the first respondent.
8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.45 of 2022, on the file of the Inspector of Police, All Women Police Station, Ammapet, Salem District, against the petitioners is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected Miscellaneous Petition is closed.
19.06.2023
Internet :Yes Index :Yes/No sli To:
1.The Inspector of Police, All Women Police Station, Ammapet, Salem District.
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Crl.O.P.No.3146 of 2023
G.CHANDRASEKHARAN, J. sli
Crl.O.P.No.3146 of 2023
19.06.2023
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1 issue framed by the court
Whether FIR under dowry and cruelty sections should be quashed following a joint compromise memo.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶46
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
Jayaprakash
Gunasekaran
Sagunthala
Deepika
Sreenivasan
Soundarya
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G.CHANDRASEKHARAN
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