The High Court quashed a charge sheet in a criminal trial alleging offences under Sections 294, 355 and 506 IPC. The court allowed the petition because the parties, who are close relatives, had arrived at a compromise and agreed to withdraw allegations.
The final report in S.T.C.No.13 of 2021 was quashed and the connected miscellaneous petitions were closed.
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 OP No.6300 / 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P.No.6300 of 2021
and
Crl.M.P.Nos.4171 and 4173 of 2021
K.Sampath ... Petitioner
Versus
PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records relating to the charge sheet in S.T.C.No.13 of 2021 on the file of the District Munsif cum - Judicial Magistrate Court, Pochampalli, Krishnagiri District and to quash the same.
| For Petitioner | : Mr.B.Keerthivasan |
|---|---|
| for M/s.Law Vision | |
| For R1 | : Mr.S.Balaji |
| Government Advocate (Crl.Side) | |
| For R2 | : Mr.E.Kannadasan |
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Crl OP No.6300 / 2021
O R D E R
Th e petition is to quash the final report in S.T.C.No.13 of 2021 for
the offences under Sections 294, 355 and 506 (i) of I.P.C.
2.Admittedly, the petitioner and the second respondent/defacto complainant are close relatives.
3.Today, when the matter was called, the learned counsels for the petitioner and the second respondent submitted that parties have arrived at a settlement and the second respondent has decided to withdraw the allegations in the FIR and prayed for quashing of the final report on the basis of the compromise.
4.Both the parties are present today and have signed the Joint Memo Compromise along with their learned counsels. The said Joint Memo of Compromise is taken on record. In view of the settlement arrived at between the parties, there would be no useful purpose in keeping the proceedings on the file of learned District Munsif cum - Judicial Magistrate Court, Pochampalli, Krishnagiri District pending. Hence, the impugned final report is quashed.
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Crl OP No.6300 / 2021
5.With the above observations, the Criminal Original Petition is
allowed. Consequently, the connected Miscellaneous Petitions are closed.
06.04.2023
dk
Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No
To
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Crl OP No.6300 / 2021
SUNDER MOHAN, J
dk
Crl.O.P. No. 6300 of 2021 and Crl.M.P. Nos.4171 and 4173 of 2021
06.04.2023
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1 issue framed by the court
Whether to quash the final report under Section 482 CrPC based on settlement between close relatives.
1 provisions across 1 enactments
K.Sampath
State Rep.
Beemaraj
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
