M. Sankara Mahadavan & Others v. State by Inspector of Police & Another
2010-10-02
R.REGUPATHI
body2010
DigiLaw.ai
Judgment : 1. The petitioners herein, who are accused in C.C. No.16189 of 2009 taken on file by XVII Metropolitan Magistrate, Saidapet, Chennai, for offences punishable under Sections 294(b), 323, 341, 326 and 506 (ii), I.P.C., seek to call for the records in the calendar case and quash the same in view of the special facts involved. 2. Learned counsel for the petitioners submits that both the de facto complainant/R2 herein and the accused/petitioners are residing in the same apartments and they have settled the dispute through mediation of elders and well-wishers and thereby, arrived at compromise and further, the complainant is not interested in further pursuing the case pending before the learned Magistrate. He states that since the offences are not compoundable by the Trial Court, the present Petition has been filed and along with the same, the parties have filed a joint memo to compound the offences; under such circumstances, considering the peculiar circumstances involved, the prayer sought for may be granted. 3. The parties are present before Court and the de facto complainant states that he is not interested in prosecution the proceedings before the Trial Court. In the present petition, both the parties have filed their respective affidavit for grant of the prayer sought for apart from filing a joint memo dated 10th February, 2010. Since it appears from the materials made available before this Court that the dispute has been resolved through mediation of elders and a compromise has been arrived at between the de facto complainant/R2 and the accused/petitioners, I am of the view that allowing the proceedings before the Trial Court to continue would be a futile exercise, when the complainant is no more interested in prosecuting the case. In that view of the matter, recording the joint memo filed by the parties, the Criminal Original Petition is allowed and the proceedings against the petitioners herein/accused in C.C. No.16189 of 2009 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai, are hereby quashed.