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HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, J
T.Karpagam – Appellant
Versus
The Inspector – Respondent
CRL OP(MD)/20940/2021
The Court has the power to quash criminal proceedings when the parties have arrived at an amicable settlement and the defacto complainant does not want to pursue the complaint.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - PARTIES HAVE ARRIVED AT AN AMICABLE SETTLEMENT AND THE DEAFCTO COMPLAINANT DOES NOT WANT TO PURSUE THE COMPLAINT - NO PURPOSE WILL BE SERVED IN KEEPING THE IMPUGNED PROSECUTION ALIVE - IMPUGNED PROCEEDINGS ARE QUASHED.
Fact of the Case:
The petitioners filed a criminal original petition under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No.85 of 2017 on the file of the Judicial Magistrate No.I, Madurai District. The defacto complainant/Kannammal was present before the Court through video conferencing and she categorically stated that she did not want to pursue the complaint.
Finding of the Court:
The Court found that the parties had arrived at an amicable settlement and the defacto complainant did not want to pursue the complaint. The Court held that no purpose would be served in keeping the impugned prosecution alive and quashed the impugned proceedings.
Issues: Whether the impugned proceedings should be quashed when the parties have arrived at an amicable settlement and the defacto complainant does not want to pursue the complaint.
Ratio Decidendi: When the parties have arrived at an amicable settlement and the defacto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive.
Final Decision: The impugned proceedings were quashed.
Crl.O.P(MD)No.20940 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2022
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.20940 of 2021
1.T.Karpagam
2.M.Thondeeswaran
...Petitioners/Accused Nos. 1 & 2
Vs.
1.The State rep. by
The Inspector of Police,
Central Crime Branch,
Madurai City.
(Crime No.65 of 2016)
...Respondent/Claimant
2.R.Kannammal
... Respondent/Defacto Complainant
Prayer: This Criminal Original Petition is filed under Section 482
of Cr.P.C., to call for the entire records pertaining to the case in
(*)C.C.No.85 of 2017 pending on the file of the learned (*)Judicial
Magistrate No.I, Madurai District and quash the as against the
petitioners.
For Petitioners
: Mr.R.Anand
For Respondents
: Mr.M.Sakthi Kumar,
Govt. Advocate (Crl. Side) for R1.
Mr.A.R.M.Ramesh for R2
O R D E R
This criminal original petition has been filed for quashing the
proceedings in (*)C.C.No.85 of 2017 on the file of the (*)Judicial
Magistrate No.I, Madurai District.
2.The defacto complainant/Kannammal is present before this
Court through video conferencing. She has been duly identified by
Mr.C.Periyakaruppan, Sub Inspector of Police attached to first
respondent police station. The parties have filed a memo of joint
compromise. The defacto complainant categorically states before this
Court that she does not want to pursue the complaint. When the
parties have arrived at an amicable settlement and the deafcto
complainant does not want to pursue the complaint, no purpose will
be served in keeping the impugned prosecution alive. The impugned
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Crl.O.P(MD)No.20940 of 2021
proceedings are quashed. The criminal original petition is
allowed. The memo of joint compromise will form part of the order.
Sd/-
Assistant Registrar (CS-III)
(*)Amended as per order of this
Hon'ble Court dated 11.02.2022
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2022
Sub Assistant Registrar(CS)
ias
Note :In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that
the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
To:
(*)To be Substituted the order already despatched
on 02.02.2022
(*)1.The Judicial Magistrate No.I,
Madurai.
2.The Inspector of Police,
Central Crime Branch,
Madurai City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
+1cc to M/S.R.ANAND, ADVOCATE, Sr.No.6054 DATED:14.02.2022
Crl.O.P(MD)No.20940 of 2021
10.01.2022
CK(CO)
KB(01.02.2022) 2P 4C
CK(CO)
GC(01.03.2022) 2P 5C
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