Allowed a Criminal Original Petition under Section 482 Cr.P.C. to quash an FIR. The Court held that since the parties reached an amicable settlement, continuation of proceedings served no useful purpose, relying on Supreme Court guidelines.
The proceeding in Crime No.193 of 2022 on the file of the first respondent police is quashed.
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.(MD)No.393 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.393 of 2023
Kathirkamaselvam
... Petitioner
Vs.
2.Ramesh Moorthy ... 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.193 of 2022, for the offences punishable under Sections 454, 457 and 380 IPC and quash the same.
For Petitioner : Mr.D.Malaichamy,
For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)
For R2 : Mr.R.Rajamohan,
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Crl.O.P.(MD)No.393 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.193 of 2022, for the offences punishable under Sections 454, 457 and 380 IPC and quash the same.
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Crl.O.P.(MD)No.393 of 2023
has power to quash the complaint for the offences under Sections 454, 457 and 380 IPC.
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Crl.O.P.(MD)No.393 of 2023
case of
case of Gian Singh vs. State of Panjab and another reported in (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
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Crl.O.P.(MD)No.393 of 2023
To
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Crl.O.P.(MD)No.393 of 2023
K.MURALI SHANKAR,J.
das
Order made in Crl.O.P.(MD)No.393 of 2023
Dated: 03.02.2023
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2 issues framed by the court
Whether the criminal proceedings can be quashed under Section 482 Cr.P.C. when parties have reached an amicable compromise despite the offences being non-compoundable.
Whether retaining proceedings pending investigation serves any useful purpose after a settlement between parties.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Panjab and anotherRelied on¶34
Gian Singh vs. State of Panjab and another (2012)10 SCC 303 · Who else cites this
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathRelied on¶34
Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath (2017)9 SCC 641 · Who else cites this
Kathirkamaselvam
State through the Inspector of Police, Virudhunagar West Police Station, Virudhunagar District
Ramesh Moorthy
K.MURALI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
