Mr.Saji Varghese,Aged 45 Years v. Mr.M.K.Thomas
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.RC.No.162 of 2018 Saji Varghese ....
Petitioner Vs M.K.Thomas ....
Respondent PRAYER: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the records pertaining to the Judgment dated 27.07.2017 in C.A.No.37 of 2017 on the file of the Principal District and Sessions Judge, Thiruvallur and Judgment dated 20.02.2017 in S.T.C.No.69 of 2016 on the file of the Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur and set aside the same and set the revision petitioner/appellant/accused at liberty by acquitting. For Petitioner : Mr.N. Balaji For Respondent : Mr.V.Kannadasan
ORDER
This Criminal Revision Case has been filed to set aside the Judgment dated 27.07.2017 in C.A.No.37 of 2017 on the file of the Principal District and Sessions Judge, Thiruvallur and Judgment dated 20.02.2017 in S.T.C.No.69 of 2016 on the file of the Judicial Magistrate, Fast Track Court (Magisterial
Level), Ambattur.
2. The learned counsel appearing for the petitioner would submit that pending revision, the petitioner and the respondent have amicably settled the issue and the petitioner had settled the entire cheque 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 the overarching objective of sentencing in the criminal justice system, which is grounded on the sub-lime 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 extraordinary 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 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.
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.
5. In view of the above, the Judgment dated 27.07.2017 in C.A.No.37 of 2017 on the file of the Principal District and Sessions Judge, Thiruvallur and Judgment dated 20.02.2017 in S.T.C.No.69 of 2016 on the file of the Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur, are hereby set aside. Accordingly, this Criminal Revision Case stands allowed. 17.10.2022 Index : Yes/No Internet : Yes Lpp
G.K.ILANTHIRAIYAN, J.
Lpp To 1.The Principal District and Sessions Judge, Thiruvallur.
2.The Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur.
17.10.2022