Madras High Court
Jayaraj vs State on 25 November, 2021
CRL.O.P.No.15608 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.15608 of 2021
1.Jayaraj
2.Purushothaman
3.Jayakumar ... Petitioners
Versus
1.State, represented by the
Inspector of Police,
Central Crime Branch,
Egmore, Chennai-600 008.
2.P.James ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records in C.C.No.103 of 2007, on
the file of the Additional Chief Metropolitan Magistrate, Egmore, in Crime
No.791 of 2002 and to quash the same.
For Petitioners : Mr.S.Pugaleanthi
For R1 : Mr.E.Raj Thilak,
Additional Public Prosecutor
For R2 : Mr.J.Srinivasan
*****
Page No.1 of 8
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CRL.O.P.No.15608 of 2021
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in C.C.No.103 of 2007, on the file of the Additional Chief
Metropolitan Magistrate, Court, Egmore.
2.The case of the prosecution is that the wife of the 2nd respondent is
having property in survey No.24/1 to the extent of 0.22 cent at Kolathur
Village. On easter side, A3 to A5 are having property to the extent of 28
½ cents. To maintain the property, in the year 1996, A1 was given power
of attorney by A3 to A5 vide D.Nos.2067, 2068 & 2148 of 1996. There
was no pathway to the property given to A1 as power of attorney. Hence,
A1 in collusion with the other accused conspired and corrected the original
power of attorney documents by adding road in the boundary of their
property. On receipt of the complaint, the 1st respondent Police registered
a case in Crime No.791 of 2002 on 22.10.2002 and after conclusion of
investigation, charge sheet came to be filed before the learned Additional
Chief Metropolitan Magistrate, Egmore, listing 38 witnesses as LW1 to
LW38 and other documents and the same was taken on file as C.C.No.103
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CRL.O.P.No.15608 of 2021
of 2007.
3.The learned counsel for the petitioners submitted that during the
stage of FIR, the wife of the 2nd respondent filed a suit in O.S.No.4623 of
2001 before the learned XI Assistant Judge, City Civil Court, Chennai
against the accused and others, which was decreed in her favour, as
against which First Appeals were filed against the wife of the 2nd
respondent which was allowed setting aside the decree in the suit in
O.S.No.4623 of 2001. Thereafter, the wife of the 2nd respondent filed
Second Appeals before this Court in S.A.Nos.1245 to 1248 of 2010.
During the pendency of the Second Appeals, the parties have resolved
their disputes and arrived at compromise. This Court, recording the same,
disposed the Second Appeals in terms of Joint Memorandum of
Compromise on 28.07.2021.
4.In order to substantiate the above submissions, the learned counsel
for the petitioners produced the Joint Compromise Memo filed in
S.A.No.1245 to 1248 of 2010 and the common Judgment passed in it.
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CRL.O.P.No.15608 of 2021
5.The case is still at the stage of investigation. By passage of time,
the parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
6.The 2nd respondent has filed a memo before this Court reiterating
the compromise arrived with the petitioners and others in Second Appeals
in S.A.No.1245 to 1248 of 2010. The petitioner and the 2nd respondent are
present through Video conferencing today and this Court also enquired
both the parties and was satisfied that the parties have come to an
amicable settlement between themselves.
7.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), and after exercising due caution as
advised by the Hon'ble Supreme Court in The State of Madhya Pradesh
v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10), this
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CRL.O.P.No.15608 of 2021
Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the
proceedings in C.C.No.103 of 2007, on the file of the Additional Chief
Metropolitan Magistrate Court, Egmore.
8.This Criminal Original Petition stands allowed and as a sequel, the
proceedings in C.C. No.103 of 2007, on the file of the Additional Chief
Metropolitan Magistrate Court, Egmroe, Chennai is quashed against all the
accused.
25.11.2021
Index: Yes/No
Internet: Yes/No
vv2
To
1.The Additional Chief Metropolitan Magistrate Court,
Egmore, Chennai.
2.The Inspector of Police,
Central Crime Branch,
Egmore, Chennai-600 008.
3.The Public Prosecutor,
High Court, Madras.
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CRL.O.P.No.15608 of 2021
M.NIRMAL KUMAR, J.
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CRL.O.P.No.15608 of 2021
25.11.2021
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CRL.O.P.No.15608 of 2021
Crl.O.P.No.15608 of 2021
M.NIRMAL KUMAR., J.
This matter has been posted under the caption 'for being mentioned'.
It is brought to the notice of this Court that when the criminal original
petition was disposed of by an order dated 25.11.2021, in paragraph 8, it
has been mentioned as follows:
8. This Criminal original petition stands
allowed and as a sequel, the proceedings in
C.C.No.103 of 2007 on the file of the Additional
Chief Metropolitan Magistrate Court, Egmore,
Chennai is quashed against all the accused.
2. Now it is submitted by the learned counsel for the petitioner that
on formation of the Special Court for CCB CBCID, the case in
C.C.No.103 of 2007 had been transferred to that Court. Hence, this case
has been listed for being mentioned at the instance of the learned counsel
for the petitioners.
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CRL.O.P.No.15608 of 2021
M.NIRMAL KUMAR., J.
sli
3. In view of the same, paragraph no.8 of the order in
Crl.O.P.No.15608 of 2021 dated 25.11.2021, shall stand modified as 'This
Criminal original petition stands allowed and as a sequel, the proceedings
in C.C.No.103 of 2007, on the file of the Special Court for CCB CBCID,
Egmore, Chennai is quashed against all the accused.
27.01.2022
sli
Crl.O.P.No.15608 of 2021
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