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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Mr.M.H.Ershad Ahmed – Appellant
Versus
State rep by the Inspector of Police Central Crime Branch – Respondent
| Table of Content |
|---|
| 1. quashing of fir requires examining the nature of offences. (Para 2) |
| 2. settlement between parties may influence court's decision to quash. (Para 3 , 4) |
| 3. court must be cautious in quashing non-compoundable offences. (Para 5 , 6) |
| 4. court allowed the quashing based on personal nature of dispute. (Para 7 , 8) |
ORDER
This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.54 of 2022 on the file of the first respondent.
2. The petitioner is arrayed as an accused in the case in Crime No.54 of
2022 on the file of the first respondent for the offences under sections 406 and 420 of IPC. The allegations against the accused is that he entered into an MOU dated 29.08.2018 and a loan of Rs.5 crores has been granted to him through bank transfer and thereafter, he failed to return the amount.
3. The petitioner along with the second respondent had filed a Memorandum of Compromise wherein it has been stated that the liability has been accepted for a sum of Rs.2,50,00,000/- [Rupees two crores fifty lakhs only] out of which the second respondent had already received a sum of Rs.1,25,00,000/- [Rupees one crore twenty five lakhs only] and
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