The Court dismissed petitions to quash proceedings based on compromise, doubting genuineness due to parties' absence. The Court directed the trial court to verify the compromise's validity before proceeding further.
None granted; petitions dismissed with liberty to raise grounds before the trial Court.
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)Nos.1995 & 2161 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.07.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.OP(MD) Nos.1995 & 2161 of 2023 and Crl.MP(MD) Nos.1816 and 1863 of 2023
Crl.OP(MD) No.1995 of 2023 :-
... Petitioners
Vs
3.Mathesh ..Respondents
Crl.OP(MD) No.2161 of 2023 :-
Vs
1.The Deputy Superintendent of Police, https://www.mhc.tn.gov.in/judis Alangulam Sub Division,
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Crl.O.P.(MD)Nos.1995 & 2161 of 2023
Tenkasi District.
3.Mupidathi
...Respondents
Common Prayer : Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to impugned Charge sheet in S.C No. 147 of 2019 & SC No.3 of 2020, pending on the file of the Learned II Additional District and Sessions Judge (Special Cases for PCR), Tirunelveli and quash the same.
For Petitioners : Mr.KR.Bharathi Kannan. For R1 & R2 : Mr.P.Kottaichamy Government Advocate(Crl.side) For R3 : Mr.S.Sundarapandian
C O M M O N O R D E R
These Criminal Original Petitions are filed to quash the proceedings in S.C No. 147 of 2019 & SC No.3 of 2020, pending on the file of the Learned II Additional District and Sessions Judge (Special Cases for PCR), Tirunelveli.
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Crl.O.P.(MD)Nos.1995 & 2161 of 2023
2.Though these petitions have been moved on the ground of compromise, when these petitions are taken up for hearing today, the parties are not present before this Court, that too, when these petitions are specifically posted for the appearance of the parties.
3.The learned Government Advocate (Crl.side) appearing for the official respondents submits that the petitioners herein are the history sheeted rowdies and therefore, he has raised serious objections to quash the proceedings in S.C No. 147 of 2019 & SC No.3 of 2020, on the ground of compromise.
4.This Court considered the submissions made by the learned Government Advocate (Crl.side).
https://www.mhc.tn.gov.in/judis genuineness of the compromise arrived at between the parties.
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Crl.O.P.(MD)Nos.1995 & 2161 of 2023
6.In view of the above, this Court is not inclined to quash the proceedings on the ground of compromise. Accordingly, these Criminal Original petitions are dismissed with liberty to the petitioners to raise all their grounds before the trial Court. The trial Court shall ascertain the genuineness of the compromise arrived at between the parties and thereafter, proceed further in accordance with law. Consequently, connected miscellaneous petitions are closed.
22.07.2024
NCC : Yes/No Index : Yes/No Internet:Yes vrn
To
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Crl.O.P.(MD)Nos.1995 & 2161 of 2023
B.PUGALENDHI,J
vrn
Common Order made in Crl.OP(MD) Nos.1995 & 2161 of 2023 and Crl.MP(MD) Nos.1816 and 1863 of 2023
22.07.2024
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1 issue framed by the court
Whether the compromise between the parties is genuine and warrants quashing of criminal proceedings?
1 provisions across 1 enactments
Masanamuthu Pandian
Vella Durai
Kathiravan
The Deputy Superintendent of Police, Alangulam Sub Division, Tenkasi District
The Inspector of Police, Surandai Police Station, Tenkasi District
Mathesh
B.Pugalen dhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
