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HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, J
A.Kannan – Appellant
Versus
The Inspector – Respondent
CRL OP(MD)/20159/2021
Impugned proceedings can be quashed where the defacto complainant does not want to pursue the matter and the parties have filed a joint compromise memo.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - COMPROMISE - PARTIES FILED JOINT COMPROMISE MEMO - DE FACTO COMPLAINANT DOES NOT WANT TO PURSUE THE MATTER - NO PURPOSE WILL BE SERVED IN KEEPING THE IMPUGNED PROSECUTION ALIVE - IMPUGNED PROCEEDINGS QUASHED.
Fact of the Case:
The petitioner filed a criminal original petition under Section 482 of the Code of Criminal Procedure to quash the impugned proceedings. The defacto complainant was present in person before the court through video conferencing and stated that he did not want to pursue the matter. The parties filed a joint compromise memo.
Finding of the Court:
The court found that since the defacto complainant himself did not want to pursue the matter, no purpose would be served in keeping the impugned prosecution alive. Therefore, the impugned proceedings were quashed.
Issues: Whether the impugned proceedings should be quashed in light of the compromise between the parties.
Ratio Decidendi: The court held that where the defacto complainant does not want to pursue the matter, and the parties have filed a joint compromise memo, the impugned proceedings can be quashed as there is no purpose in keeping the prosecution alive.
Final Decision: The court allowed the criminal original petition and quashed the impugned proceedings.
Crl.O.P.(MD)No.20159 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.20159 of 2021
A.Kannan ... Petitioner / Accused No.1
Vs.
1. The Inspector of Police,
Vellichanthai police station,
Kanyakumari District.
(Crime No.107 of 2018) ... 1st Respondent / Complainant
2. T.Jenish
... 2nd Respondent /
Defacto Complainant
Prayer: Criminal Original petition is filed under Section 482
of Cr.P.C, to call for the records relating to the proceedings in
P.R.C.No.39 of 2020 on the file of the learned Judicial Magistrate
Court, Eraniel and quash the same as it has no prima facie case as
against the petitioners.
For Petitioner : Mr.H.Velavadhas
For R-1
: Mr.A.Albert James,
Government Advocate.
* * *
O R D E R
Heard the learned counsel on either side.
2. This criminal original petition has been filed for quashing
the impugned proceedings.
3. The defacto complainant Mr.T.Jenish is present in person
before this Court through video conferencing. He has been duly
identified by the police personnel attached to the first respondent
police station and the same has been duly confirmed by Mr.A.Albert
James, learned Government Advocate. The parties have filed a joint
compromise memo. The defacto complainant states that he does not
want to pursue the matter.
4. Since the defacto complainant himself does not want to
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Crl.O.P.(MD)No.20159 of 2021
pursue the matter, no purpose will be served in keeping the impugned
prosecution alive. Therefore, the impugned proceedings are quashed.
This criminal original petition is allowed. The joint compromise
memo dated 22.12.2021 shall form part of the record.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2022
Sub Assistant Registrar(CS)
PMU
Enclosed herewith Copy of the Joint Compromise Memo
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:
1. The Judicial Magistrate,
Eraniel.
2. The Inspector of Police,
Vellichanthai police station,
Kanyakumari District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.H.VELAVADHAS, Advocate ( SR-81[F] dated 04/01/2022 )
Crl.O.P.(MD)No.20159 of 2021
03.01.2022
RD(10.01.2022) 2P 5C
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