The Madurai Bench quashed criminal proceedings for public offences based on a private settlement between the accused and the complainant, applying Supreme Court guidelines stating no useful purpose is served in continuing such trials.
Proceedings in C.C.No.725 of 2017 are quashed; the joint compromise memo forms part of the order.
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.806 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.806 of 2023
1.Vikki @ Vigneshrajan
6.Chandran ... Petitioners
Vs.
2.Thamotharan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the final report in C.C.No.725 of 2017 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and quash the same as illegal.
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Crl.O.P.(MD)No.806 of 2023
For Petitioners : Mr.S.Arjun For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R2 : Mr.K.V.Rajadurai
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records relating to the final report in C.C.No.725 of 2017 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and quash the same as illegal.
that the second respondent has lodged a complaint before the first respondent and on that basis, FIR came to be registered in Crime No.230 of 2013 against the petitioners 1 and 2 and four unidentified persons and 2/6
Crl.O.P.(MD)No.806 of 2023
after investigation and filing of the final report, the same was taken cognizance in C.C.No.725 of 2017 pending on the file of the learned Judicial Magistrate, Vadipatti, Madurai for the offences under Sections 147, 323 and 109 IPC against the petitioners.
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Crl.O.P.(MD)No.806 of 2023
matter, the High Court has to power to quash the complaint for the offence under Sections 147, 323 and 109 IPC.
Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
10.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No csm
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Crl.O.P.(MD)No.806 of 2023
To
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Crl.O.P.(MD)No.806 of 2023
K.MURALI SHANKAR,J.
csm
Order made in Crl.O.P.(MD)No.806 of 2023
Dated: 10.02.2023
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2 issues framed by the court
Whether the Court has power to quash the criminal proceedings in public nature offences upon a private compromise between the parties.
Whether quashing the proceedings is warranted under the guidelines of the Supreme Court cases cited.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Panjab and anotherReferred¶36
(2012)10 SCC 303 · Who else cites this
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶36
(2017)9 SCC 641 · Who else cites this
1 provisions across 1 enactments
Vikki @ Vigneshrajan
The Inspector of Police
Thamotharan
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
