Madras High Court
Ameer vs P.Senthil Kumar on 30 September, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:30.09.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.17350 of 2015
and M.P.No.1 of 2015
1.Ameer
2.G.Shiva
3.A.Shanmugham
4.R.Dhanapal
5.S.R.Chandran
6.V.Raman
7.Sabari Girison
8.K.K.Ravi .. Petitioners/Respondents
Vs.
P.Senthil Kumar .. Respondent/Petitioner
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records and quash the private complaint filed under Section 200 of
Cr.P.C., in C.C.No.3178 of 2014, pending before the learned XVII
https://www.mhc.tn.gov.in/judis/
2
Metropolitan, Saidapet.
For Petitioners .. Mr.C.Subramanian
For Respondent .. Mr.A.Aravindan
for M/s.Arul Selvam Associates
ORDER
Mr.C.Subramanian, learned Counsel for the petitioner is present. An
affidavit has been presented by Mr.A.Aravindan, learned Counsel for the
respondent/defacto complainant, who is also present through Video
Conferencing.
2. In the affidavit, the respondent had stated as follows:-
" 1. I am the respondent/complainant herein
and I am well acquainted with the facts and
circumstances of the case. I further submit that
presently I am the Joint Secretary of Film
Employees Federation of South India.
2. I submit that I had lodged private
complaint under Section 200 of Cr.P.C., for
https://www.mhc.tn.gov.in/judis/
offence under Section 500 of I.P.C. against the
petitioners/accused before the learned XVII
Metropolitan Magistrate Court, Saidapet,
Chennai in C.C.No.3178 of 2014. I further submit
that the petitioners/accused are the then officer
bearers of the Film Employees Federation of
South India.
3. I submit that the petitioners/accused had
filed the petition to quash the private complaint in
C.C.No.3178 of 2014 before this Hon'ble Court. I
further submit that during the course of
proceedings the well wishers had mediated
between myself and the petitioners/accused.
4. I submit that the thereby inorder to buy
peace and settle the issue amicably between
myself and the petitioners/accused, I have no
objection to allow this petition. I further submit
that this Hon'ble Court, may be pleased to quash
the complaint filed by me in C.C.No.3178 of 2014
https://www.mhc.tn.gov.in/judis/
pending on the file of the learned XVII
Metropolitan Magistrate Court, Saidapet,
Chennai."
3. Recording the said statements, I hold that keeping the present
petition on the board of this Court and also the Calendar Case, namely
C.C.No.3178 of 2014 on the file the learned XVII Metropolitan Magistrate
Court, Saidapet, Chennai would only be protracting exercises in futility.
4. In view of the fact that the complainant had decided to settle all the
issues, the possibility of conviction in the Calendar Case is very remote and
continuation of the Calendar Case and calling upon the parties to undergo
the ordeal of trial would only be an act of oppression.
5. I also draw inspiration from the judgment of the Hon'ble Supreme
Court reported in 2017 (9) SCC 641, Parbatbhai Aahir @ Parbatbhai Vs.
State of Gujarat, wherein it had been held that if the parties had entered
into a compromise, and if consequently the possibility of conviction is
remote, the High Court can exercise its inherent power to quash the criminal
https://www.mhc.tn.gov.in/judis/
proceedings.
6. It must also be mentioned that a memo had also been filed by the
respondent, enclosing his Aadhar Card, which has also been verified.
7. In view of the above reasons, the present Criminal Original Petition
is allowed. C.C.No.3178 of 2014, pending on the file of the learned XVII
Metropolitan Magistrate Court, Saidapet, Chennai is quashed.
Consequently, the connected miscellaneous petition is closed.
30.09.2021
Index:Yes/No
Internet:Yes/No
grs
To
The XVII Metropolitan Magistrate Court,
Saidapet,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN,J
grs
Crl.O.P.No.17350 of 2015
and M.P.No.1 of 2015
30.09.2021
https://www.mhc.tn.gov.in/judis/
