Petitioner sought quashing of criminal proceedings via Section 482 Cr.P.C. due to a compromise in a personal dispute involving defamation and threat allegations. The High Court allowed the petition and quashed the proceedings based on settled guidelines and the valid compromise.
Proceedings in C.C.No.9 of 2019 were 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.622 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.622 of 2023
Selvendran ... Petitioner
Vs.
2.Krishnan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned charge sheet in C.C.No.9 of 2019 on the file of the learned Munsif cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District and quash the same as illegal.
For Petitioner : Mr.T.Veerakumar For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R2 : Mr.G.Dinesh
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Crl.O.P.(MD)No.622 of 2023
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the proceedings in C.C.No.9 of 2019 on the file of the learned Munsif cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District and quash the same.
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Crl.O.P.(MD)No.622 of 2023
respondent and on that basis, FIR came to be registered in Crime No.205 of 2018 and after investigation and filing of the final report, the same was taken cognizance in C.C.No.9 of 2019 on the file of the Munsif cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District for the offences under Sections 294(b) and 506(2) IPC against the petitioner.
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Crl.O.P.(MD)No.622 of 2023
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.
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Crl.O.P.(MD)No.622 of 2023
Magistrate Court, Kamuthi, Ramanathapuram District, is quashed and the
joint compromise memo shall form part and parcel of this order.
10.02.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No csm
To
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Crl.O.P.(MD)No.622 of 2023
K.MURALI SHANKAR,J.
csm
Order made in Crl.O.P.(MD)No.622 of 2023
Dated: 10.02.2023
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2 issues framed by the court
Whether the High Court can quash proceedings under Sections 294(b) and 506(2) IPC upon private compromise despite offences being non-compoundable.
Whether a joint compromise memo signed by parties in a personal dispute warrants quashing of criminal proceedings.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Panjab and anotherReferred¶30
Gian Singh vs. State of Panjab and another reported in (2012)10 SCC 303 · Who else cites this
Parbathbhai Aahir @ Parbathbhai Vs. State of GujaratReferred¶30
Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported in (2017)9 SCC 641 · Who else cites this
1 provisions across 1 enactments
Selvendran
State represented by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District
Krishnan
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
