The High Court quashed the FIRs in Crime Nos. 102 and 103 of 2022 under Section 482 CrPC. The dispute was matrimonial/familial. The complainants in both cases confirmed the matter was compromised and they did not wish to prosecute further.
FIRs in Crime Nos. 102 and 103 of 2022 were quashed, and the Criminal Original Petition was allowed.
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.5995 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.9.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.5995 of 2022 & Crl.M.P.No.3333 of 2022
1.Sasikumar
4.Arumugam
...Petitioners
Vs.
2.Annadurai
...Respondents
Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to a case in Crime No.102 of 2022 on the file of the first respondent.
For Petitioner : Mr.A.C.Narasimhan
For Respondent-1 : Mr.A.Gopinath Government Advocate (Crl. Side)
For Respondent 2 : M/s.P.Rathanavel & C.Mariappan
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Crl.O.P.No.5995 of 2022
ORDER
This petition has been filed to quash the FIR in crime No.102 of 2022
pending investigation on the file of the first respondent.
Court passed the following orders:
“ Mr.A.Gokulakrishnan, the learned Additional
Public Prosecutor takes notice for the first respondent. The learned counsel for the petitioners is directed to take
private notice for the second respondent.
2. The learned counsel for the petitioners would
submit that the petitioners and the defacto complainant are relatives. Due to family dispute, a counter case has been registered. He would further submit that there is a likelihood of settlement between the petitioners and the defacto complainant.
3. The learned Additional Public Prosecutor for
the first respondent would submit that it is a case in
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Crl.O.P.No.5995 of 2022
counter. He would submit that Crime No.102 of 2022 has
been registered against the petitioners based on the complaint given by one Annadurai/ defacto complainant.
Thereafter, a counter case has been registered in Crime No.103 of 2022 based on the complaint given by Jeevitha/wife of the defacto complainant.
4. Post the matter on 21.03.2022. In the
meanwhile, the respondent shall continue with the investigation in Crime Nos.102, 103 and 213 of 2022
and the final report in all three cases shall not be filed.”
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Crl.O.P.No.5995 of 2022
and the alleged offence that is said to have been committed and also considering the fact that the parties have compromised the dispute with each other, this Court is inclined to quash the FIR in Crime Nos.102 and 103 of 2022 pending before the first respondent.
11.9.2023
nl Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No
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Crl.O.P.No.5995 of 2022
To
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Crl.O.P.No.5995 of 2022
N.ANAND VENKATESH,J
nl
Crl.O.P.No.5995 of 2022 & Crl.M.P.No.3333 of 2022
11.9.2023
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1 issue framed by the court
Whether the FIR registered in a family dispute case can be quashed upon settlement between the parties.
1 provisions across 1 enactments
Sasikumar
Govindarajan
Durairaj
Arumugam
The Inspector of Police, Bhuvanagiri Police Station, Cuddalore District
Annadurai
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
