The nature and seriousness of the offence, along with the criminal antecedents of the accused, must be considered when quashing a non-compoundable offence under Section 482 of Cr.P.C.

JUDGMENT

(Prayer in Crl.O.P.No.13775 of 2023 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the F.I.R in Cr.No.366 of 2023 on the file of T-3, Korattur Police Station, Redhills to the disposal of the above Criminal Original Petition.

in Crl.O.P.No.14286 of 2023 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the F.I.R in Cr.No.332 of 2023 on the file of T-3, Korattur Police Station, Redhills and quash the same.

in Crl.O.P.No.15032 of 2023 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the F.I.R in Cr.No.528 of 2023 on the file of T-1, Ambattur Police Station, Redhills to the disposal of the above Criminal Original Petition.

in Crl.O.P.No.14678 of 2023 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the F.I.R in Cr.No.556 of 2023 on the file of T-1, Ambattur Police Station, Redhills and subsequently quash the same.

in Crl.O.P.No.15053 of 2023 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the F.I.R in Cr.No.557 of 2023 on the file of T-1, Ambattur Police Station, Redhills and quash the same.)

Common Order:

1. These Criminal Original Petitions have been filed to quash the F.I.Rs registered by the first respondent in the respective Criminal Original Petitions.

2. Heard M/s.D.Sathya, learned Counsel for the petitioner, Mr.A.Damodaran, learned Additional Public Prosecutor for the first respondent and M/s.K.Mangaiyarkarasi, learned Counsel for the second respondent in all the Criminal Original Petitions.

3. When the matter came up for hearing on 04.08.2023, this Court passed the following order:-

"(i) Crl.O.P.No.13775 of 2023:

The defacto complainant/2nd respondent was present before this Court and he stated that he gave the complaint only as against A1 namely Mint Ramesh and he did not give the complaint against the petitioner. Therefore, he states that he is not interested in prosecuting the case as against the petitioner (A2).

(i) Crl.O.P.No.14286 of 2023:

2. The defacto complainant/2nd respondent was present before this Court and she stated that she gave the complaint only as against A1 namely Mint Ramesh and she did not give the complaint against the petitioner. Therefore, she states that she is not interested in prosecuting the case as against the petitioner (A2).

(iii) Crl.O.P.No.15053 of 2023:

3. The defacto complainant/2nd respondent was present before the Court and he stated that he did not give complaint against the petitioner and other accused persons and that he is not interested in prosecuting the case against the petitioner.

(iv) Crl.O.P.Nos.14678 & 15032 of 2023:

4. The learned counsel for the petitioner submitted that false case has been foisted against the petitioner and that the F.I.R was registered on the date of arrest of the petitioner on 30.05.2023.

5. The learned Additional Public Prosecutor appearing on behalf of the respondent/Police seeks for time to file common Status report in these petitions. 6. Post these cases under the caption “For orders” on 23.08.2023."

4. This Court directed the Police to file a status report in each petition and accordingly, five separate status reports have been filed.

5. On carefully going through the status report, it is seen that the antecedents of the petitioner are not satisfactory. Various cases have been registered against him and in fact, in one of the cases for offence under Section 302 of I.P.C, the petitioner was convicted and sentenced by the competent Court.

6. It was contended by the learned Counsel