Crl.O.P. filed under Section 482 CrPC to quash criminal proceedings involving kidnapping. The court found an amicable compromise between petitioners and second respondent. Petition allowed; proceedings quashed.
Proceedings in Crime No.276 of 2022 are quashed; terms of joint compromise memo form part of the order.
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Crl.O.P.(MD)No.323 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.323 of 2023
1.Gnanaselvi
2.Anitha
... Petitioners
Vs.
3.Vanitha
... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.276 of 2022, on the file of the Inspector of Police, SIPCOT Police Station, Thoothukudi District.
For Petitioners : Mr.C.Suresh Kumar,
For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)
For R2 : Mr.P.Mani Ananth
Crl.O.P.(MD)No.323 of 2023
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to call for the records relating to the FIR in Crime No.276 of 2022, on the file of the Inspector of Police, SIPCOT Police Station, Thoothukudi District.
3.When the matter is taken up for hearing today, the learned counsel appearing for the petitioners would submit that the second respondent has lodged a complaint before the first respondent and on that basis, FIR came to be registered in Crime No.276 of 2022, dated 31.08.2022 for the offences under Section 363 IPC against the petitioners.
Crl.O.P.(MD)No.323 of 2023
has power to quash the complaint for the offences under Section 363 IPC.
Crl.O.P.(MD)No.323 of 2023
Gujrath)
(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of
Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
03.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No das
Crl.O.P.(MD)No.323 of 2023
To
Crl.O.P.(MD)No.323 of 2023
K.MURALI SHANKAR,J.
das
Order made in Crl.O.P.(MD)No.323 of 2023
Dated: 03.02.2023
2 issues framed by the court
Whether Section 482 CrPC can be invoked to quash proceedings based on an amicable compromise.
Whether the High Court can quash FIR lodged for offences under Section 363 IPC if the matter is settled.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Panjab and anotherReferred¶32
Gian Singh vs. State of Panjab and another (2012)10 SCC 303 · Who else cites this
Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath)Referred¶36
Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) (2017)9 SCC 641 · Who else cites this
1 provisions across 1 enactments
Gnanaselvi
Anitha
State
Vasanthi
Vanitha
KMURALI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
