1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD).No.13988 of 2011 and M.P(MD)Nos.1 and 2 of 2011 A.P.Raju @ Rajan : Petitioner Vs. 1.The Inspector of Police, CBCID, (Madurai City), Madurai City, Maduri. (Cr.No.25 of 2006) 2.V.Singaraj : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to call for the entire records of charge sheet in C.C.No.235 of 2010 pending on the file of the learned Judicial Magistrate No.IV, Madurai and quash the charge sheet. For Petitioner : Mr.A.R.Senthil Kumar For R-1 : Mr.P.Kandasamy Government Advocate (Crl.Side) O R D E R *********** The petitioner is the accused in C.C.No.235 of 2010 pending on the file of the learned Judicial Magistrate No.IV, Madurai for offence under Sections 406, 420 of I.P.C r/w Section 120(b) I.P.C. Seeking to quash the said proceedings, the petitioner is before this Court with this petition. 2. In this petition, it is stated that the second respondent/de- facto complainant, does not want to proceed with this case, in view of certain settlement said to have been arrived at between the parties. Except the said ground, no other grounds are raised in this petition for quashing of the proceedings. 3. In my considered opinion, the said statement is not a valid ground to quash the criminal proceedings pending against the petitioner. If the petitioner feels that there are no grounds to frame charges, he can very well approach the learned Judicial Magistrate concerned for discharge, if the charges have not already been framed. If the charges have already been framed, the petitioner can very well challenge the same. Instead of availing the alternative remedies, the petitioner has rushed to this Court under Section 482 Cr.P.C to quash the proceedings only on the ground that there has been some settlement arrived at between the de- facto complainant viz., the second respondent herein and the petitioner. 4. In my considered opinion, by arriving at such a settlement, an offence cannot be erased. If the offence is compoundable, the parties https://hcservices.ecourts.gov.in/hcservices/ 2 can very well arrive at a settlement. Otherwise, it is not at all possible to quash the criminal proceedings stating that some settlement has been arrived at between the parties. Thus, the petitioner does not make out any case to quash the proceedings and hence, this petition deserves to be dismissed. Accordingly, the same is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1. THE JUDICIAL MAGISTRATE NO.IV, MADURAI. 2. THE INSPECTOR OF POLICE CBCID, (MADURAI CITY), MADURAI CITY, MADURAI. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER MADE IN CRL.O.P.(MD).No.13988 of 2011 10.11.2011 pm RJ/28.11.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/