The court can quash FIRs for compoundable offences only if no serious societal impact exists; continued investigation is warranted in significant cases.

1. The petitioners in both the petitions are the accused in Cr.No.143 of 2016 pending on the file of the Central Crime Branch, Vepery, Chennai. The petitioner in Crl.O.P.3154/2017 seek to quash the investigation pending in the aforesaid crime number registered for the offences under S.406, S.420 r/w.34 of IPC.

2. The brief case of the prosecution is as follows: One Dr. K. Jayachandran had filed a complaint on 01.06.2016 with the Virugambakkam police stating that he had parted money with Mr.Madhan, Mr.Sudhir and Mr.Babu for obtaining medical admissions for MBBS course in SRM Institutions in Chennai. According to the complainant, a sum of Rs.53 lakhs was paid to Mr.Madhan in the presence of Mr.Babu and Mr.Sudhir. Mr.Babu was the District Secretary of Indhu Janayaga Katchi (IJK) which was founded and presided by Mr.T.R.Pachamuthu @ Parivendhar for the purpose of getting admissions to MBBS Course. However, since the medical seat was not given to him, he had given the above complaint. As per the version of the petitioner namely, Mr.Pachaimuthu, he had not received any money from Mr.Madhan and that it was Madhan who had cheated the de facto complainant as well as various other persons aspiring for medical seats.

3. On the other hand, Mr.Madhan's case is that he is innocent and had all along been a representative of the SRM College for various admissions at SRM University and that Mr. T. R. Pachiamuthu who is the main accused, has used his name as a scapegoat. Blaming each other for the liabilities, the present petitions have been filed.

4. The petitioners came to be arrested in connection with the above crime number and when Mr.T.R.Pachamuthu filed a petition seeking for bail before the learned Principal Sessions Judge, Chennai, an order came to be passed in Crl.M.P.No. 14690 of 2016 dated 08.09.2016 granting bail to the petitioner therein on the following conditions:

'11. (i)Bail is granted.

(ii) Petitioner is ordered to be released on bail on deposit of Rs. 75 Crores to the credit of Cr.No.143 of 2016 before the XI Metropolitan Magistrate Court, Chennai and on his executing a bond for Rs. 10,00,000/- with two sureties each for a like sum to the satisfaction of said Magistrate.

(iii) Petitioner shall surrender his passport to the said Magistrate Court and he shall not leave the Country without the prior permission of this Court.

(iv) Petitioner shall report before the Investigating Officer daily at 10.30 a.m., until further orders.'

Accordingly, the petitioner had deposited a sum of Rs.75 Crores to the credit of Cr.No.143 of 2016 before the learned XI Metropolitan Magistrate, Chennai. During the course of investigation, the first respondent herein has presently identified 136 persons who had parted with various amounts to the petitioners, who seek refund of the money. The total amount due to these 136 persons as per the preliminary investigation report dated 30.04.2017 is Rs.85,58,30,000/- as against the claim of Rs.92,44,80,000/-. The amount claimed by these 136 persons is accepted to be correct and true as per the submission of the learned Senior counsel appearing for Mr.T.R.Pachamuthu. Mr.R.C.Paul Kanagaraj, learned counsel appearing for the de facto complainant as well as the impleading claimants submitted that the pro - rata amount due to each of these 136 persons stated by the first respondent in the preliminary enquiry report is correct.

5. The submissions of Mr. V. T. Gopalan, learned Senior counsel appearing for the petitioner namely, Mr.T.R.Pachamuthu is as follows:

a) since the averments in the complaint implicates Mr.Madhan alone and no offence is made out as against Mr. T. R. Pachiamuth