The Court quashed criminal proceedings following a compromise memo between the petitioners and Anna Thozhirsanga Peravai. The Court found no objection from the respondents and noted the compoundable nature of the charges.
The Criminal Misc. No. 22 of 2020 pending before the Additional Special Court is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.8730 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.8730 of 2022 and
Crl.M.P.Nos.5085 and 5086 of 2022
1.R.Chinnasamy
2.M.Abdul Hameed
...Petitioners
Vs.
Chennai – 600 014. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in C.C.No.22 of 2020, pending on the file of the Additional Special Court, specially constituted for trial of cases related to elected Members of Parliament and Members of Legislative Assembly of Tamilnadu, Chennai and to quash the same as illegal.
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For Petitioners : Mr.S.Prabakaran, Senior Advocate for Mr.Abinesh Babu
For R-1 : M r.Babu Muthu Meeran Additional Public Prosecutor
For R-2 : Mr.Illayaraja
ORDER
This Criminal Original Petition is filed to call for the records in C.C.No.22 of 2020, pending on the file of the Additional Special Court, specially constituted for trial of cases related to elected Members of Parliament and Members of Legislative Assembly of Tamilnadu, Chennai and to quash the same as illegal.
2.When the matter is taken up, petitioners, second respondent and the present Secretary of Anna Thozhir Sangam are present before this Court. Joint memo of compromise filed by petitioners, second respondent and the present Secretary of Anna Thozhir Sangam is filed.
3.It is submitted by the learned counsel for the petitioners that FIR in Crime No.339 of 2018 was registered for the offences under Sections 409, 420, 477A & 506(1) IPC against the accused on the allegation of criminal
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misappropriation of funds of Anna Thozhirsanga Peravai. After registration of FIR, a committee comprising of five members was constituted. The committee conducted an enquiry and came to a decision that a sum of Rs.1,71,61,738/- is accounted and there is no material available to come to the conclusion that accused R.Chinnasamy and M.Abdul Hameed had indulged in criminal misappropriation of funds. On that basis, joint memo of compromise is filed for compounding the offence.
4.The learned Additional Public Prosecutor opposed this petition on the
ground that the amount alleged to have been misappropriated is huge and the offence cannot be permitted to be compounded. He further submitted that the case may not be quashed.
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altered to under Sections 406, 420 r/w 34 of IPC.
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Crl.O.P.No.8730 of 2022
before this Court, which have been signed by the petitioners/accused, defacto complaint and Present Secretary of Anna Thozhirsanga Peravai (ATP) and also by the learned counsel for the petitioners and 2nd respondent.
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proceedings in C.C.No.22 of 2020, pending on the file of the Additional Special Court, specially constituted for trial of cases related to elected Members of Parliament and Members of Legislative Assembly of Tamilnadu, Chennai against the petitioners.
13.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the C.C.No.22 of 2020, pending on the file of the Additional Special Court, specially constituted for trial of cases related to elected Members of Parliament and Members of Legislative Assembly of Tamilnadu, Chennai against the petitioners is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, the connected
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Crl.O.P.No.8730 of 2022
Miscellaneous Petitions are closed.
27.04.2023
Internet :Yes Index :Yes/No
gd
To:
1.The Additional Special Court, specially constituted for trial of cases related to elected Members of Parliament and Members of Legislative Assembly of Tamilnadu, Chennai.
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Crl.O.P.No.8730 of 2022
G.CHANDRASEKHARAN, J. gd
Crl.O.P.No.8730 of 2022
27.04.2023
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2 issues framed by the court
Whether the criminal proceedings in C.C.No.22 of 2020 regarding alleged criminal misappropriation can be quashed by invoking Section 482 Cr.P.C. based on a compromise memo.
Whether the offence charged is compoundable and amicable settlement has been reached between the petitioners and the accused.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujaratRelied on¶52
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
3 provisions across 2 enactments
R. Chinnasamy
M. Abdul Hameed
State
Anna Thozhirsanga Peravai
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G. Chandrasekharan
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