The Madurai Bench of the Madras High Court quashed criminal proceedings in C.C.No.137 of 2022 against the petitioner under Sections 294(b), 324 and 506(2) IPC, holding that a joint compromise memo in a personal dispute warrants quashing even if offences are non-compoundable.
Criminal proceedings in C.C.No.137 of 2022 quashed as against the petitioner.
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.676 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.676 of 2023
Prabu ... Petitioner Vs.
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.137 of 2022 on the file of the learned Judicial Magistrate, Eraniel and quash the same as against the petitioner.
For Petitioner : Mr.S.Ramakrishnan, For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R2 : Mr.R.Russel Raj
1/6
Crl.O.P.(MD)No.676 of 2023
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records in C.C.No.137 of 2022 on the file of the learned Judicial Magistrate, Eraniel and quash the same as against the petitioner.
that the second respondent has lodged a complaint before the first respondent and on that basis, FIR came to be registered in Crime No.479 of 2021 and after investigation and filing of the final report, the same was taken cognizance in C.C.No.137 of 2022 on the file of the Judicial Magistrate, Eraniel for the offences under Sections 294(b), 324 and 506(2) IPC against the petitioner.
2/6
Crl.O.P.(MD)No.676 of 2023
3/6
Crl.O.P.(MD)No.676 of 2023
Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
09.02.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No das
4/6
Crl.O.P.(MD)No.676 of 2023
To
5/6
Crl.O.P.(MD)No.676 of 2023
K.MURALI SHANKAR,J.
das
Order made in Crl.O.P.(MD)No.676 of 2023
Dated: 09.02.2023
6/6
2 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. despite offences being non-compoundable upon a joint compromise memo in a personal dispute.
Whether a joint compromise memo in a personal injury case involving offences under Sections 294(b), 324 and 506(2) IPC warrants quashing of the challenge.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Panjab and anotherReferred¶28
(2012)10 SCC 303 · Who else cites this
Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath)Referred¶28
(2017)9 SCC 641 · Who else cites this
1 provisions across 1 enactments
Prabu
State represented by The Inspector of Police, Karungal Police Station, Kanyakumari District
Jainkumar
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
