Madras High Court
Rajan vs S.Jawahar on 31 October, 2022
Crl.R.C.No.1514 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANL
Crl.R.C.No.1514 of 2018
and Crl.M.P.No.2462 of 2018
Rajan ... Petitioner
Vs.
S.Jawahar ... Respondents
Prayer: Criminal Revision case has been filed under Section 397 r/w 401 of
Cr.P.C, to set aside the judgment of the learned Sessions Judge,
Udhagamandalam, in C.A.No.95 of 2017 dated 01.10.2018 confirming the
conviction and sentence passed by the learned Judicial Magistrate,
Udhagamandalam, in C.C.No.194 of 2010 dated 03.01.2017 and allow this
criminal revision case.
For Petitioner : Mr.J.Franklin
For Respondent : Mr.J.Bharathiraja
ORDER
This Criminal Revision case has been filed to set aside the judgment of
the learned Sessions Judge, Udhagamandalam, in C.A.No.95 of 2017 dated
01.10.2018 confirming the conviction and sentence passed by the learned
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Crl.R.C.No.1514 of 2018
Judicial Magistrate, Udhagamandalam, in C.C.No.194 of 2010 dated
03.01.2017.
2. The learned counsel for the petitioner submitted that while pending
this revision, the entire cheque amount has been paid to the respondent by the
petitioner.
3. The learned counsel for the respondent also concedes with the
submission made by the learned counsel for the petitioner and the respondent
also has no objection to set aside the conviction against the petitioner herein.
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
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Crl.R.C.No.1514 of 2018
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 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
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Crl.R.C.No.1514 of 2018
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 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
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Crl.R.C.No.1514 of 2018
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.
5. In view of the above, the judgment passed by the learned Sessions
Judge, Udhagamandalam, in C.A.No.95 of 2017 dated 01.10.2018 thereby
confirming the conviction and sentence passed by the learned Judicial
Magistrate, Udhagamandalam, in C.C.No.194 of 2010 dated 03.01.2017 is
hereby set aside.
6. Accordingly, this Criminal Revision case stands allowed.
Consequently, connected miscellaneous petition is closed.
31.10.2022
Index:Yes/No
Speaking/Non speaking order
ata
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Crl.R.C.No.1514 of 2018
To
1.The Sessions Judge,
Udhagamandalam.
2.The Judicial Magistrate,
Udhagamandalam.
G.K.ILANTHIRAIYAN. J,
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Crl.R.C.No.1514 of 2018
ata
Crl.R.C.No.1514 of 2018
31.10.2022
https://www.mhc.tn.gov.in/judis
