Madras High Court
D.Elizabeth Perciya vs State Rep By on 26 October, 2022
Crl.O.P.No.25498 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.No.25498 of 2022
and
Crl.M.P.Nos.15825 & 15826 of 2022
1.D.Elizabeth Perciya
2.A.Daniel
3.R.Ganesan ... Petitioners
Vs.
1.State rep by
The Sub Inspector of Police,
R5 Virugambakkam Police Station,
Chennai.
(Crime No.2043 of 2017)
2.J.Jeba Anand @ Anand ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to call for the records pertaining to the charge sheet in C.C.No.5716 of 2018
pending on the file of XXIII Metropolitan Magistrate Court, Saidapet, Chennai
and quash the same.
https://www.mhc.tn.gov.in/judis
1/6
Crl.O.P.No.25498 of 2022
For Petitioners : Mr.A.Suresh Sakthi Murugan
For Respondents : Mr.S.Santhosh for R1,
Government Advocate (crl.side)
ORDER
This Criminal Original Petition has been filed to quash the charge
sheet in C.C.No.5716 of 2018 pending on the file of the learned XXIII
Metropolitan Magistrate Court, Saidapet, Chennai for the offences under
Sections 448, 323, 506(i) of IPC @ Sections 448, 427, 506(i) of IPC.
2.The case of the prosecution is that the first petitioner is the wife of
the defacto complainant and the second petitioner is the father in law of the
defacto complainant and third petitioner is the friend of the defacto
complainant. Due to a matrimonial discord, the petitioners had trespassed into
the defacto complainant's shop and threatened him with dire consequences.
Therefore, a case has been registered against the petitioners in Crime No.2043
of 2017 for the offences under Sections 448, 323, 506(i) of IPC @ Sections
448, 427, 506(i) of IPC and the charge sheet has been filed before the learned
XXIII Metropolitan Magistrate Court, Saidapet, Chennai in C.C.No.5716 of
2018.
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Crl.O.P.No.25498 of 2022
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. 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.Venkatesan, Grade-II, Police Constable (47605), R5 Virugambakkam Police
Station 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.
5. In the instant case, the dispute is of personal in nature and the
parties had compromised. Where the parties have compromised the matter, the
High Court has to power to quash the charge sheet for the offence under
Sections under Sections 448, 323, 506(i) of IPC @ Sections 448, 427, 506(i) of
IPC.
6. The legal position expressed by the Hon'ble Apex Court in the case
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25498 of 2022
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.
7. 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 C.C.No.5716 of 2018 pending before the learned XXIII
Metropolitan Magistrate Court, Saidapet, Chennai, even though, the offences
involved are not compoundable in nature.
8. Accordingly, this Criminal Original Petition stands allowed and as
a sequel, the proceedings in C.C.No.5716 of 2018 pending, on the file of the
learned XXIII Metropolitan Magistrate Court, Saidapet, Chennai is quashed and
the terms of joint compromise memo shall form part and parcel of this order.
Consquently, connected Criminal Miscellaneous Petitions are closed.
26.10.2022
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
shk
To
1.The Sub Inspector of Police,
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25498 of 2022
R5 Virugambakkam Police Station,
Chennai.
2. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25498 of 2022
V.SIVAGNANAM,J.
shk
Crl.O.P.No.25498 of 2022
and
Crl.M.P.Nos.15825 & 15826 of 2022
26.10.2022
https://www.mhc.tn.gov.in/judis
