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2022 Supreme(Mad) 654
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J.
R. Chitti Babu & Another – Petitioners
Versus
The State Represented by, The Inspector of Police, Perambur & Another – Respondents
Crl. O.P. No. 20426 of 2020 & Crl. M.P. Nos. 8557 & 8558 of 2020 & Crl.M.P.No.9309 of 2022
Decided On : 12-07-2022
For the Petitioners:V. Krishnamoorthy, Advocate.
For the Respondents:R1, A. Gopinath, Government Advocate (Crl.Side), R2, D. Charlesmuthushanthan, Advocate.
The court has the jurisdiction to quash criminal proceedings based on a joint memo of compromise and an amicable settlement between the parties, even if the offenses involved are non-compoundable, in line with the guidelines of the Honorable Supreme Court.
Headnote:
Compromise - Criminal Proceedings - The court quashed the criminal proceedings based on a joint memo of compromise signed by the parties and their respective counsel, in line with the guidelines of the Honorable Supreme Court.
Fact of the Case:
The petition was filed to quash criminal proceedings in a case still under investigation, as the parties had decided to amicably settle the dispute and had filed a joint memo of compromise.
Finding of the Court:
The court, after verifying the joint memo of compromise and being satisfied with the amicable settlement between the parties, exercised its jurisdiction under Section 482 of Cr.P.C. to quash the proceedings.
Issues: The main issue was whether the court should quash the criminal proceedings in light of the parties' amicable settlement, despite the non-compoundable nature of the offenses involved.
Ratio Decidendi: The court relied on the guidelines of the Honorable Supreme Court, as reported in 2017 9 SCC 641 (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), to quash the proceedings based on the joint memo of compromise and the amicable settlement between the parties.
Final Decision: The Criminal Original Petition was allowed, and the proceedings in the case were quashed, with the terms of the joint memo of compromise forming part of the court's order.
JUDGMENT :
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.2645 of 2019 on the file of the learned V Metropolitan Magistrate Egmore, Chennai and quash the same.)
1. This Criminal Original Petition has been filed to quash the proceedings in C.C.No.2645 of 2019 on the file of the learned V Metropolitan Magistrate Egmore, Chennai.
2. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served in keeping the proceedings pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon-ble Supreme Court reported in 2017 9 SCC 641, (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.2645 of 2019.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2645 of 2019 on the file of the learned V Metropolitan Magistrate Egmore, Chennai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Consequently, connected Miscellaneous petitions are closed.
