Madras High Court
Ramesh vs The Inspector Of Police on 5 August, 2022
Crl.O.P.(MD) No.14157 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.14157 of 2022
1. Ramesh
2. Vatchala ... Petitioners
Vs.
1. The Inspector of Police
City Crime Branch
Madurai City
2.Kaniyappan ....Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records pertaining to the case in CC No.445 of
2022 on the file of the learned Judicial Magistrate No.I, Madurai and
quash the same.
For Petitioners : Mr.N.Mariappan
For Respondents : Mr.E.Antony Sahaya Prabahar
No.1 Additional Public Prosecutor
No.2 : Mr.V.Chandrapandi
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14157 of 2022
ORDER
The Criminal Original Petition has been filed to quash the Charge
Sheet in CC No.445 of 2022 on the file of the learned Judicial
Magistrate No.I, Madurai
2.The case of the prosecution is that the second respondent is the
Investor with the Thangamayil Jewellery. In the year 2014, there was a
General Body Meeting held in the Jewellery. In the said meeting a gold
saving scheme was introduced for a duration of three years with more
interest as to that of bank fixed deposit. The defacto complainant told
them that his relative is an age old lady and it not possible to get her to
the shop. Hence the officials of the jewellery shop sent the first accused
with the necessary application to the cusotmer's house The first accused
went to the residence of the relative's house of the defacto complainant
and explained about the scheme and got signature in the application
formm and three cheque leaves drawn on Tamil Nadu Mercantile Bank
for a sum of Rs.10lakhs, Rs.8 lakhs and Rs.6lakhs bearing Cheque Nos.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14157 of 2022
1007752,1007758 and 1144236 respectively and issued receipts to that
effect. Due to the above said act, the defacto complainant believed him
and invested huge amount. Further his relatives also invested some
amount. Thereafter the accused persons failed to return the same, hence
the case came to be registered.
3.The case is under trial. By passage of time, the parties have
decided to bury their hatchet and compromise the dispute amicably
among themselves.
4. Today the complainant and the accused persons present before
this Court. The defacto complainant submitted that he and his relatives
received a sum of Rs.38 lakhs from the accused persons as the said
amount was not deposited in the jewellery scheme and they have also
settled the matter out of the Court and the defacto complainant stated that
he does not want to continue the criminal proceedings as against the
accused persons.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14157 of 2022
5.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. The petitioners and the second
respondent were also present in person before this Court and they were
identified by Mr.C. Periyakaruppan, SSI of Police, CCB II, Madurai as
well as by the learned Counsels appearing for the parties. This Court also
enquired both the parties and was satisfied that the parties have come to
an amicable settlement between themselves.
6. In the instant case, it seems to be a money dispute parties and
the parties had compromised. Where the parties have compromised the
matter, the High Court has to power to quash the complaint for the
offence under Sections 420,4365,437,468 of IPC.
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Panjab and another reported in
(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State
of Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14157 of 2022
8. In the light of the guidelines issued in the above said Judgments
of the Hon'ble Apex Court, no useful purpose will be served in keeping
the proceedings in CC No.445 of 2022 on the file of the learned Judicial
Magistrate No.I, Madurai , even though, the offences involved are not
compoundable in nature.
9. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the entire proceedings in CC No.445 of 2022 on the file of
the learned Judicial Magistrate No.I, Madurai is quashed and the terms
of joint compromise memo shall form part and parcel of this order.
05.08.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14157 of 2022
To
1. The Judicial Magistrate No.I, Madurai
2. The Inspector of Police
City Crime Branch
Madurai City
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.14157 of 2022
V.SIVAGNANAM, J.
aav
Crl.O.P.(MD) No.14157 of 2022
05.08.2022
https://www.mhc.tn.gov.in/judis
