Madras High CourtCRL OP/23433/2023disposed of

Subash Chandar @ Subash v. Inspector Of Police

2023-10-10Honourable Dr Justice G. Jayachandran4 pages

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)

O R D E R

This Criminal Original Petition is filed to quash the criminal complaint which is at the fag end of its trial. 1/4

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.

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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.

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Dr.G.JAYACHANDRAN,J.

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