Radhika Vs Inspector of Police — Cheating and Forgery | Madras HC (2025)

Radhika Vs Inspector of Police — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

Quashing of the proceedings in C.C.No.188 of 2023 pending trial before the learned Judicial Magistrate-I, Poonamalle, as against the petitioners, pursuant to the Joint Memo of Compromise whose terms form part of the Order; conditional on the petitioners jointly paying Rs.20,000/- (Rupees Ten Thousand each) as costs to the Chief Justice Relief Fund, Tamil Nadu within one week and filing a photocopy of the receipt with a compliance memo in the Registry; consequently, connected miscellaneous petitions (Crl.MP.Nos.13087 and 13089 of 2023) are closed.

Issue for consideration

Whether the proceedings in C.C.No.188 of 2023 pending before the Judicial Magistrate-I, Poonamalle (cognizance for offences under Sections 420, 406, 506(i) of IPC, 1860 and Section 92 of the Rights of Persons with Disabilities Act, 2016) should be quashed under Section 482 Cr.P.C in view of the amicable settlement between the parties, notwithstanding that the offences involved are not compoundable.

Court's answer

The parties having buried their hatchet and compromised the dispute amicably, evidenced by a Joint Memo of Compromise signed by the petitioners, the defacto complainant and their counsel, and the Court being satisfied after personal enquiry of both parties, no useful purpose will be served in keeping the proceeding pending, even though the offences involved are not compoundable in nature.

Ratio / Principle

In the light of the guidelines given by the Hon'ble Supreme Court in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath (2017 9 SCC 641), this Court, in exercise of its jurisdiction under Section 482 Cr.P.C, quashed the proceeding in C.C.No.188 of 2023 pending trial on the file of the learned Judicial Magistrate-I, Poonamalle.

Key takeaways

The proceedings in C.C.No.188 of 2023 stand quashed as against the petitioners; the terms of the Joint Memo of Compromise shall form part and parcel of the Order; and the petitioners shall jointly pay Rs.20,000/- (Rupees Ten Thousand each) as costs to the Chief Justice Relief Fund, Tamil Nadu, within one week, filing a photocopy of the receipt with a memo reporting compliance in the Registry.ratio¶27

Detailed headnote1 paragraphs

Crl.O.P.No.19433 of 2023 (with Crl.MP.Nos.13087 and 13089 of 2023), High Court of Judicature at Madras, G.K. Ilanthiraiyan, J., 29.04.2025: Trial proceedings in C.C.No.188 of 2023 before the Judicial Magistrate-I, Poonamalle (cognizance for offences under Sections 420, 406, 506(i) of IPC, 1860 and Section 92 of the Rights of Persons with Disabilities Act, 2016, arising from Cr.No.150 of 2022 of R-9, Valasaravakkam Police Station) quashed under Section 482 Cr.P.C as against petitioners Radhika and Suman Nageshwara Rao on a Joint Memo of Compromise with defacto complainant Rajendra Prasad, the Court being satisfied after enquiry that the parties had amicably settled; although the offences were not compoundable, the quashing followed the guidelines of the Hon'ble Supreme Court in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, 2017 9 SCC 641; terms of the Joint Memo form part of the Order; petitioners directed to jointly pay Rs.20,000/- (Rupees Ten Thousand each) as costs to the Chief Justice Relief Fund, Tamil Nadu within one week and file a compliance memo; Criminal Original Petition allowed and connected miscellaneous petitions closed.

Crl.O.P.No.19433 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.19433 of 2023 and Crl.MP.Nos.13087 and 13089 of 2023

1. Radhika 2. Suman Nageshwara Rao ... Petitioners

Vs.

The State Rep. by the Inspector of Police, R-9, Valasaravakkam Police Station, Tiruvallur District. (Cr.No.150 of 2022)

Rajendra Prasad ... Respondents

PRAYER : The Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.188 of 2023 pending on the file of Judicial Magistrate-I, Poonamalle and to quash the same.

For Petitioners : Mr.L.Murali Krishnan For Respondents : Mr.R.Vinoth Raja Government Advocate (Crl.Side) for R1

: Mr.G.Mohana Krishnan for R2

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Crl.O.P.No.19433 of 2023

ORDER

This Criminal Original Petition has been filed to quash the C.C.No.188 of 2023 on the file of the learned Judicial Magistrate-I, Poonamalle, thereby taken cognizance for the offences under Sections 420, 406, 506(i) of IPC, 1860 and Section 92 of the Rights of Persons with Disabilities Act, 2016.

Pending this petition, the parties have decided to bury their

hatchet and compromise the dispute amicably among themselves.

A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioners and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

Under such circumstances, no useful purpose will be served in keeping the proceeding pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai

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Crl.O.P.No.19433 of 2023

Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quashes the proceeding in C.C.No.188 of 2023 pending trial on the file of the learned Judicial Magistrate-I, Poonamalle.

In view of the above, the proceedings in C .C.No. 188 of 2023 pending trial on the file of the learned Judicial Magistrate-I, Poonamalle, is hereby quashed as against the petitioners. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.20,000/-, (Rupees Ten Thousand each) as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Accordingly, the Criminal Original Petition stands allowed.

Consequently, connected miscellaneous petitions are closed.

29.04.2025

Vv To

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Crl.O.P.No.19433 of 2023

The Judicial Magistrate-I, Poonamalle

The Inspector of Police, R-9, Valasaravakkam Police Station, Tiruvallur District.

The Public Prosecutor, High Court of Madras, Chennai.

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Crl.O.P.No.19433 of 2023

G.K.ILANTHIRAIYAN, J.

Vv

Crl.O.P.No.19433 of 2023

29.04.2025

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