Subash Chandar @ Subash vs State: The Inspector Of Police
2023 Latest Caselaw 13714 Mad

                                                                                Crl.OP.No.23433 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 10.10.2023

                                                         CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                 Crl.OP.No.23433 of 20233


                     1. Subash Chandar @ Subash
                     2. Suresh
                     3. Arumugam                                             ... Petitioners

                                                            Vs.
                     State: The Inspector of Police,
                     E1, Mylapore Police Station,
                     Chennai.                                               ... Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, pleased to call for the records pertaining to the charge
                     sheet in C.C.No.830 of 2023 on the file of learned XVIII Metropolitan
                     Magistrate, Saidapet, Chennai and quash the same.


                                       For Petitioners   : Mr.J.Ranjith Kumar
                                       For Respondent    : Mr.S.Udaya Kumar
                                                           Government Advocate (Crl.Side)

                                                         ORDER

This Criminal Original Petition is filed to quash the criminal

complaint which is at the fag end of its trial. https://www.mhc.tn.gov.in/judis

Crl.OP.No.23433 of 2023

2. The learned counsel appearing for the petitioners submits that

the defacto complainant and the accused are living in the same

Apartment. The defacto complainant and the petitioner want to bury the

matter and settle the disputes amicably.

3. It is not a Civil Court where memo of compromise getting

recorded and compromise decree be passed. The offences are against the

State and if it is compoundable offence, provisions under Criminal

Procedure Code provide for compounding the offence in the manner

established under law. If the parties want to plea bargain, again Cr.P.C

provides for plea bargain.

4. In this case, if the accused wants to plea bargain, he can

approach the court immediately before passing of Judgment and seek for

indulgence to exercise the power under Chapter XXI A of Cr.P.C. If any

such application is made, the Trial Court shall consider it on merits and

pass appropriate orders.

5. With the above directions, this Criminal Original Petition is

disposed of.

Vv 10.10.2023

https://www.mhc.tn.gov.in/judis

Crl.OP.No.23433 of 2023

To

1.The XVIII Metropolitan Magistrate, Saidapet, Chennai

2. The Inspector of Police, E1, Mylapore Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis

Crl.OP.No.23433 of 2023

Dr.G.JAYACHANDRAN,J.

Vv

Crl.OP.No.23433 of 2023

10.10.2023

https://www.mhc.tn.gov.in/judis