Madras High Court
Kalidass vs The State Represented By on 5 September, 2022
CRL.O.P.No.25582 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA
Crl. O.P. No.25582 of 2021
1.Kalidass
2. Ajith @ Ajithkumar ... Petitioners
Versus
1.The State represented by
The Inspector of Police,
D-5, Marina Police Station,
Chennai.
(Cr. No.230 of 2018)
2. Selvam ... Respondents
Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records in final report in S.C.
No.241 of 2019 pending on the file of learned VI Additional
Sessions Judge, Chennai and quash the final report as against the
petitioners.
For Petitioners : Mr. M.L.A.Akbar Majeeth Khan
For Respondent-1 : Mr.A.Damodaran
Additional Public Prosecutor
Page No.1 of 5
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25582 of 2021
ORDER
This Criminal Original Petition is filed to quash the
proceedings in S.C.No.241 of 2019 pending on the file of VI
Additional Sessions Judge, Chennai.
2. The learned counsel for the petitioners submitted that the
parties have compromised the dispute among themselves and buried
their hatchets; the proceedings in S.C. No.241 of 2019 has already
been quashed against accused 3 and 4 by a learned Single Judge of
this Court vide order dated 29.03.2021 in Crl. O.P. No.5319 of 2021;
however, the proceedings are continuing as against the petitioners
herein namely A1 and A2; and hence, the benefit should be extended
to the petitioners also.
3. The de facto complainant had also filed a compromise
memo dated 04.10.2021 stating that in view of the compromise
effected between himself and the petitioners herein, the petitioners
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25582 of 2021
should be discharged from the case.
4. Today, the de-facto complainant is present in Court and he
is identified by the learned counsel for the petitioner. The identity of
the accused 1 and 2/petitioners herein is done by Mrs.P.Vasanthi,
Police Constable, D5 Marina Police Station, Chennai, is present in
Court.
5. Since the parties have settled the matter out of Court, no
useful purpose will be served, if the case is kept pending. Though
the offences are non- compoundable in nature, by taking due caution
and by invoking powers under Section 482 Cr.P.C., the proceedings
can be quashed.
6. It is relevant to rely upon the judgments of the Hon'ble
Supreme Court rendered in the cases of (i) Parbathbai Aahir @
Parbathbhai Vs. State of Gujrath [reported in 2017 (9) SCC 641]
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CRL.O.P.No.25582 of 2021
and (ii) the State of Madhya Pradesh Vs. Dhruv Gurjar and
Another [reported in 2019 (2) MLJ Crl 10] in this regard.
7. In the result, the Criminal Original Petition is allowed and
the proceedings in S.C.No.241/2019 pending on the file of VI
Additional Sessions Judge, Chennai is hereby quashed as against the
petitioners herein. Consequently, connected miscellaneous petition is
closed.
05.09.2022
Index: Yes/No
Internet: Yes/No
bkn
To:
1.The Sixth Additional Sessions Court, Chennai
2.The Inspector of Police, D-5 Marina Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25582 of 2021
R.N.MANJULA, J.,
bkn
CRL. O.P. No.25582 of 2021
05.09.2022
https://www.mhc.tn.gov.in/judis
