Madras High Court
S.T.Parthiban vs K.Duraisamy on 12 October, 2022
Crl.R.C.No.66 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.66 of 2018
S.T.Parthiban ... Petitioner
Vs.
K.Duraisamy ... Respondent
Prayer: Criminal Revision case has been filed under Section 397 r/w 401 of
Cr.P.C, to set aside the Judgment dated 10.11.2017 passed in C.A.No.229 of
2017 on the file of Principal Sessions Judge, Erode and confirming the Judgment
dated 01.07.2017 in S.T.C.No.529 of 2012 on the file of the Judicial Magistrate
Fast Track Court II Erode.
For Petitioner : Mr.N.Chinnaraj
For Respondent : Mr.C.S.Saravanan
ORDER
This Criminal Revision case has been filed to set aside the Judgment dated
10.11.2017 passed in C.A.No.229 of 2017 on the file of Principal Sessions
Judge, Erode and confirming the Judgment dated 01.07.2017 in S.T.C.No.529 of
2012 on the file of the Judicial Magistrate Fast Track Court II Erode.
2. The learned counsel appearing for the petitioner would submit that
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Crl.R.C.No.66 of 2018
pending the revision, the petitioner and the respondent have amicably settled the
issue and the petitioner had settled the entire amount to the respondent.
3. The learned counsel for the respondent also concedes with the
submission made by the learned counsel for the petitioner and the respondent has
no objection to set aside the conviction against the petitioner herein, since the
respondent had received the entire cheque amount.
4. In this regard, it is relevant to rely upon the judgment of the Hon'ble
Supreme Court of India in the case of Ramgopal and others vs. The State of
Madhya Pradesh reported in 2021 (6) CTC 240 and the relevant paragraphs are
extracted hereunder:-
18. It is now a well crystalized axiom that the plenary
jurisdiction of this Court to impart complete justice
under Article 142 cannot ipso facto be limited or restricted by
ordinary statutory provisions. It is also noteworthy that even in
the absence of an express provision akin to Section 482 Cr.P.C.
conferring powers on the Supreme Court to abrogate and set
aside criminal proceedings, the jurisdiction exercisable
under Article 142 of the Constitution embraces this Court with
scopious powers to quash criminal proceedings also, so as to
secure complete justice. In doing so, due regard must be given to
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Crl.R.C.No.66 of 2018
the overarching objective of sentencing in the criminal justice
system, which is grounded on the sublime philosophy of
maintenance of peace of the collective and that the rationale of
placing an individual behind bars is aimed at his reformation.
19. We thus sumup and hold that as opposed
to Section 320 Cr.P.C. where the Court is squarely guided by the
compromise between the parties in respect of offences
‘compoundable’ within the statutory framework, the extra-
ordinary power enjoined upon a High Court under Section
482 Cr.P.C. or vested in this Court under Article 142 of the
Constitution, can be invoked beyond the metes and bounds
of Section 320 Cr.P.C. Nonetheless, we reiterate that such
powers of wide amplitude ought to be exercised carefully in the
context of quashing criminal proceedings, bearing in mind: (i)
Nature and effect of the offence on the conscious of the society;
(ii) Seriousness of the injury, if any; (iii) Voluntary nature of
compromise between the accused and the victim; & (iv) Conduct
of the accused persons, prior to and after the occurrence of the
purported offence and/or other relevant considerations.
20. Having appraised the aforestated parameters and
weighing upon the peculiar facts and circumstances of the two
appeals before us, we are inclined to invoke powers
under Article 142 and quash the criminal proceedings and
consequently set aside the conviction in both the appeals. We say
so for the reasons that: Firstly, the occurrence(s) involved in
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Crl.R.C.No.66 of 2018
these appeals can be categorized as purely personal or having
overtones of criminal proceedings of private nature;
Secondly, the nature of injuries incurred, for which the
Appellants have been convicted, do not appear to exhibit their
mental depravity or commission of an offence of such a serious
nature that quashing of which would override public interest;
Thirdly, given the nature of the offence and injuries, it is
immaterial that the trial against the Appellants had been
concluded or their appeal(s) against conviction stand dismissed;
Fourthly, the parties on their own volition, without any coercion
or compulsion, willingly and voluntarily have buried their
differences and wish to accord a quietus to their dispute(s);
Fifthly, the occurrence(s) in both the cases took place way back
in the years 2000 and 1995, respectively. There is nothing on
record to evince that either before or after the purported
compromise, any untoward incident transpired between the
parties;
Sixthly, since the Appellants and the complainant(s) are
residents of the same village(s) and/or work in close vicinity, the
quashing of criminal proceedings will advance peace, harmony,
and fellowship amongst the parties who have decided to forget
and forgive any illwill and have no vengeance against each other;
and Seventhly, the cause of administration of criminal justice
system would remain uneffected on acceptance of the amicable
settlement between the parties and/or resultant acquittal of the
Appellants; more so looking at their present age.
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Crl.R.C.No.66 of 2018
5. In view of the aforesaid, the Judgment dated 10.11.2017 passed in
C.A.No.229 of 2017 on the file of Principal Sessions Judge, Erode, confirming
the Judgment dated 01.07.2017 in S.T.C.No.529 of 2012 on the file of the
Judicial Magistrate Fast Track Court II Erode, are hereby set aside.
6. Accordingly, this Criminal Revision case stands allowed.
12.10.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
mn
To
1.The Principal Sessions Judge,
Erode.
2.The Judicial Magistrate Fast Track Court II
Erode.
G.K.ILANTHIRAIYAN. J,
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Crl.R.C.No.66 of 2018
mn
Crl.R.C.No.66 of 2018
12.10.2022
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