Allowed

Kumaresan v. The Inspector of Police

Madras HC17 Oct 2024CRL OP(MD)/6550/2023

Case brief

AI extract

What is this about?

This court allowed a criminal petition to quash the FIR in a family dispute. The court observed that the case was private in nature and all parties were present with a joint compromise memo, leading to the quashing of the criminal proceedings.

What did the court decide?

Joint compromise memo taken on record; First Information Report in Crime No.301 of 2021 quashed; petition allowed.

Kumaresan Vs The Inspector of Police — Quashing and FIR | Madras HC (2024)

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Crl.O.P.(MD)No.6550 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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Crl.O.P.(MD)No.6550 of 2023

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1.Kumaresan 2.Pakalavan 3.Sathishkumar 4.Ramani 5.Santhanalakshmi 6.Dinoth Kumar ... Petitioners/A1 to A6 vs. 1.The State Rep. Through, The Inspector of Police, Jeyamangalam Police Station, Theni District. Crime No.301 of 2021 2.M.Muthulakshmi ... Respondent No.1/Complainant

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Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in Crime No.301 of 2021 on the file of the first respondent, quash the same.

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For Petitioner : Mr.K.Dinesh For R1 : Mrs.M.Aasha Government Advocate (Crl. side)

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.6550 of 2023

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ORDER

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The petition is filed to quash the First Information Report in

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Crime No.301 of 2021 on the file of the first respondent.

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2.The learned counsel for the petitioner seeks quashment of the case on compromise. The Joint Memo of Compromise is also filed. All the parties are present before this Court. The Court enquired with the parties. The parties had understood the terms of compromise. The defacto complainant is present before the Court and submits that the case can be quashed on compromise and that she does not want to pursue the case further.

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3.As per the judgment dictum of the Hon'ble Supreme Court of India in Gian Singh vs. State of Punjab & Another reported in 2012 (10)

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SCC 303 , this Court has to see the gravamen of allegations and the nature of occurrence before deciding to exercise its power under Section 482 of the Code of Criminal Procedure. This is a case and counter. Already, the counter case has also been since quashed on compromise.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.6550 of 2023

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4.A perusal of the statements made by the witnesses and the nature of allegations, it would be clear that it is a dispute between the relatives and members of the family and as such, predominantly private in nature and this is a fit case for exercise of power by this Court under Section 482 of the Code of Criminal Procedure.

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5.Accordingly, the joint compromise memo is taken on record.

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The terms of compromise shall form part of the order. The First Information Report in Crime No.301 of 2021 on the file of the respondent police shall stand quashed and this petition is allowed.

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17.10.2024

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NCC : Yes / No sji To

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1.The Inspector of Police, Jeyamangalam Police Station, Theni District.

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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.6550 of 2023

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D.BHARATHA CHAKRAVARTHY, J.

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sji

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Crl.O.P.(MD)No.6550 of 2023

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17.10.2024

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https://www.mhc.tn.gov.in/judis

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Kumaresan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Kumaresan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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