The High Court quashed an FIR under non-compoundable offences following an amicable settlement between the petitioner and the complainant. Relying on Supreme Court guidelines, the court held no useful purpose would be served in keeping the case pending and granted Rs.1000 costs.
The FIR in Crime No.99 of 2009 and the connected investigation are quashed.
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Crl.O.P.No.5154 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.5154 of 2022 and Crl.M.P.No.2771 of 2022
K.Velu ... Petitioner
Vs.
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned FIR in Crime No.99 of 2009 on the file of the 1st respondent police and quash the same by allowing this Criminal Original Petition.
For Petitioner : Mr.C.Somasekar For R1 : Mr.A.Gopinath Government Advocate (Criminal Side) For R2 : M/S.Saravanakanni
ORDER
The Criminal Original Petition has been filed to quash the FIR in Crime
Crl.O.P.No.5154 of 2022
No.99 of 2009, pending on the file of the 1st respondent.
to bury their hatchet and compromise the dispute amicably among themselves.
of its jurisdiction under Section 482 Cr.P.C. quashes the First Information
Crl.O.P.No.5154 of 2022
Report in Crime No.99 of 2009, on the file of the 1st respondent Police.
17.07.2023
Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No mpa
To
Crl.O.P.No.5154 of 2022
N.ANAND VENKATESH,J.
mpa
Crl.O.P.No.5154 of 2022 and Crl.M.P.No.2771 of 2022
17.07.2023
3 issues framed by the court
Whether the FIR in non-compoundable offences should be quashed upon amicable settlement between the parties.
Whether the Criminal Original Petition under Section 482 Cr.P.C. deserves allowance in view of the parties' compromise.
Whether the investigation into Crime No.99 of 2009 should be quashed following a joint compromise memo.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujarathRelied on¶21
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
State of Madhya Pradesh v. Dhruv Gurjar and AnotherRelied on¶21
The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10
1 provisions across 1 enactments
K.Velu
The Inspector of Police, Banavaram Police Station, Ranipet District
Manjula
N.ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
