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A.Rajasekar vs The State on 28 November, 2019

Crl.O.P.No.32125 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH

Crl.O.P.No.32125 of 2019

1.A.Rajasekar
2.Thamizh Vani
3.Sindhu …Petitioners

Vs.

1.The State, represented by,
The Inspector of Police,
Thiruvalam, Katpadi,
Vellore District.

2.R.Mohandoss …Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
call for the records and to quash an FIR in Crime No.252 of 2018 on the file
of the Inspector of Police, Thiruvalam Police Station, Vellore District, in
pursuance to the compromise entered into between the petitioners and 2nd
respondent.

For Petitioners : Mr.V.Nithyanandam
For Respondents : Mr.C.Iyyapparaj
Additional Public Prosecutor
for R1
ORDER

The First Information Report filed under Section 174(3) of the

Criminal Procedure Code is put under challenge in the present petition.

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Crl.O.P.No.32125 of 2019

2. The learned Additional Public Prosecutor would submit that

pursuant to the investigation, the petitioners herein are proposed to be

charged under Section 498A and Section306 IPC and though they have already laid

the charge sheet, it is yet to be taken on file.

3. The petitioners herein as well as the defacto complainant, who is

the father of the deceased, have arrived into an amicable settlement and

have filed a Joint Compromise Memo before this Court.

4. Quashing of the FIR on the basis of a compromise memo for the

offences under Sections 498A and Section306, may not be appropriate, since there

are no sufficient materials to prove the veracity of the complaint as well as

the subsequent investigation done. In view of the fact that the offence

under Section 306 is non-compoundable, it would not be appropriate for this

Court to quash the proceedings at this stage.

5. The learned counsel for the petitioners also relied upon a decision

of this Court passed in Crl.O.P.No.8060 of 2018 dated 23.02.2018, wherein

the investigation in FIR No.20 of 2018 came to be quashed, on the basis of

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Crl.O.P.No.32125 of 2019

the Joint Compromise. A perusal of the aforesaid Judgment reveals that

there was supporting materials of the suicide note along with the

investigation and based on the same, the Court had analysed the situation

and had thereby permitted to have the proceedings quashed.

6. In the instant case, apart from the complaint, there are no other

materials to evaluate the merits of the case. As such, if at all the

petitioners are of the view that the proceedings could be quashed on the

basis of a compromise memo, it can be done after the charge sheet is laid

and taken on file by the jurisdictional Court.

7. In the light of the above observations, the criminal original

petition stands closed, for the present, with liberty to the petitioners to

approach this Court, after the charge sheet has been laid before the

jurisdictional Court and taken on file.

28.11.2019

Index:Yes/No
Internet : Yes/No
jas/hvk

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Crl.O.P.No.32125 of 2019

M.S.RAMESH.J,

jas/hvk

To

1.The Inspector of Police,
Thiruvalam, Katpadi,
Vellore District.

2.The Public Prosecutor,
High Court, Madras.

Crl.O.P.No.32125 of 2019

28.11.2019

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