Back
2019 Supreme(Mad) 693
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
A.M. Mohan & Others - Appellant
Versus
State Rep by The Deputy Superintendent of Police, Counterfeit Currency Wing, Crime Branch CID, Chennai & Others - Respondent
Crl.O.P.Nos.16055 & 16349 of 2017 & 21025 of 2018 & Crl.M.P. Nos. 11413 & 11414 of 2018
Decided On : 12-04-2019
For the Petitioners:D.O. Kaviyanathan for M/s. Nathan and Associates, S. Sathyaseelan, T. Chandrasekaran, Advocates.
For the Respondents:M. Mohamed Riyaz, Additional Public Prosecutor, T.T. Ravichandran, Advocate.
The power to quash criminal proceedings for non-compoundable offences can be exercised when the parties have resolved the entire dispute amongst themselves and the offences do not have a serious impact on society.
Headnote:
Quashment of Proceedings - Forgery - Sections 406, 420, 465, 467, 471, 419, 420 I.P.C. r/w 120(b) I.P.C. and 114 I.P.C. - [Sections 406, 420, 465, 467, 471, 419, 420 I.P.C. r/w 120(b) I.P.C. and 114 I.P.C.] - The court allowed the quashment of the proceedings in CC.No.6084 of 2016 and FIR in Crime No.184 of 2014 on the basis of a joint memo of compromise, as the offences were not against the society and the matter had been settled between the parties. The court referred to various judgments to support its decision, emphasizing that the power to quash criminal proceedings for non-compoundable offences can be exercised when the parties have resolved the entire dispute amongst themselves and the offences do not have a serious impact on society.
Fact of the Case:
The petitions were filed to quash the proceedings in C.C.Nos.6084 of 2016 and to quash the FIR in Crime No.184 of 2014. The matter had been settled between the parties by way of amicable settlement, and joint memos of compromise were filed in all the petitions.
Finding of the Court:
The court allowed the quashment of the proceedings in CC.No.6084 of 2016 and FIR in Crime No.184 of 2014 based on the joint memo of compromise, as the offences were not against the society and the matter had been settled between the parties.
Issues: The main issue was whether the court should quash the proceedings in CC.No.6084 of 2016 and FIR in Crime No.184 of 2014 based on the joint memo of compromise, considering the nature of the offences and the settlement between the parties.
Ratio Decidendi: The court held that the power to quash criminal proceedings for non-compoundable offences can be exercised when the parties have resolved the entire dispute amongst themselves and the offences do not have a serious impact on society. The court referred to various judgments to support its decision.
Final Decision: The court allowed the quashment of the proceedings in CC.No.6084 of 2016 and FIR in Crime No.184 of 2014 based on the joint memo of compromise, as the offences were not against the society and the matter had been settled between the parties.
(Prayer in Crl.O.P.No.16055 of 2017: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and subsequently quash the charge sheet vide CC.No.6084 of 2016 pending before the XI Metropolitan Magistrate, Saidapet in Crime No.4 of 2014 dated 11.11.2016 on the file of the 1st respondent herein.
Prayer in Crl.O.P.No.16349 of 2017: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the FIR in Crime No.184 of 2014 on the file of the City Crime Branch, Team IV, EDF Wing II, Vepery, Chennai.
Prayer in Crl.O.P.No.21025 of 2018: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the charge sheet filed by the first respondent herein in CC.No.6084 of 2016 on the file of the XI Metropolitan Magistrate, Saidapet insofar as the petitioners herein.)
1. These petitions have been filed to quash the proceedings in C.C.Nos.6084 of 2016 pending on the file of the learned XI Metropolitan Magistrate, Saidapet and to quash the FIR in Crime No.184 of 2014 on the file of the City Crime Branch, Team IV, EDF Wing II, Vepery, Chennai.
2. The respective learned counsels for the petitioners and the learned counsel for the respondent submitted that the entire matter has been settled between the parties by way of amicable settlement. To that extent they also filed joint memo of compromise in all the OP’s. Therefore, they sought for quashment of the entire proceedings in C.C.Nos.6084 of 2016 and Crime No.184 of 2014 on compromise.
3. The learned Additional Public Prosecutor appearing for the first respondent submitted that the case has been registered as against the petitioners for the offence under Sections 406, 420, 465, 467, 471, 419 and 420 I.P.C. r/w 120(b) I.P.C. and 114 I.P.C. as against the petitioners and charged for the same offences and filed final report. The same has been taken cognizance in C.C.No.6084 of 2016 on the file of the learned XI Metropolitan Magistrate, Saidapet. He further submitted that the petitioners committed very grave and serious offence. He submitted the particulars of forged property document of the original owner and accused as follows:
S.No.
PROPERTY PARTICULARS
ORIGINAL OWNER
FORGED BY ACCUSED
1.
Santhavellore Survey No.536/6 – 25 cents
Government Land
A3-Rajeswari/ Forged Power of Attorney Registered in Anna Nagar Sub Registry in Doc.No.2172/07 dt. 09.05.2007
2
Santhavellore Survey No.558/ 17,526/11-19 cents
Vijayakumari, W/o.Pandu Rangan, Ambattur
A3-Rajeswari/ Forged Power of Attorney Registered in Anna Nagar Sub Registry in Doc.No.2172/07 dt. 09.05.2007
3.
Santhavellore Survey No.451/6 – 30 cents
Canal – Government Land
A7-Sankar & A6 Valli, W/o.Sankar / Forged Power of Attorney Registered in Anna Nagar Sub Registry in Doc.No.2882/07 dt. 30.07.2007
4
Santhavellore Survey No.621/8 – 52 cents
Canal – Government Land
A8 Babu / Forged Power of Attorney Registered in Anna Nagar Sub Registry in Doc.No.2916/07, dt. 03.07.2007
5
Santhavellore Survey No.449/7 – 72 cents
Kamatchi, W/o. Thangavel, Kandigai Village Sriperumbudur
A9 Chellappan/ Forged Power of Attorney Registered in Anna Nagar Sub Registry inDoc.No.3477/07, dt. 23.08.2007
6
Santhavellore Survey No.481/4 - 47 cents
Kumaresan S/o Nataraja Naicker
A10 N.Vijaya & A11 Shanmugam / Forged Power of Attorney Registered in Villivakkam Sub Registry in Doc.No.1971/07, dt. 28.08.2007
7
Santhavellore Survey No.518/8 – 42 cents
Arasu S/o Venkatesa Udaiyar, Maduravoyal
A13 Venkatesan/Forged Power of Attorney Registered in Villivakkam Registry in Doc.No.1977/07, dt. 28.08.2007
8
Santhavellore Survey
