PRABU AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) These petitions have been filed seeking to quash the case registered in Crime Nos. 245/2015, 490/2015 and 27/2015 on the file of the 1st respondent police respectively, pursuant to the amicable settlement effected between the parties. The details of cases registered against the petitioners are given in the tabular column below:

(2.) At this juncture, the counsel for the petitioners sought permission of this Court to put forth their contention on merits irrespective of the compromise memo. The counsel for the petitioners has submitted that once the parties have entered into a compromise, then the power of this Court under Section 482 Cr.P.C. is of wide amplitude and the same can be invoked, if such quashing would meet the ends of justice. In the midst of their argument, the counsel for the petitioners has specifically drawn the attention of this Court to the specific language used in Section 482 Cr.P.C., to the effect that "....to prevent abuse of the process of any Court or otherwise to secure the ends of justice." Therefore, it is contended that the saving of the High Court's inherent powers is designed to achieve a salutary public purpose to the extent that a Court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution.

(3.) On the contrary, the Government Advocate (Crl. Side) would, by relying on a judgment of this Court in V. Sekar vs. State by Inspector of Police, Central Crime Branch, Chennai Sub-Urban Police and another, 2012 2 CTC 593, submit that a declaration of law holding that a non-compoundable offence can be compounded on the ground that the parties have compromised among themselves will amount to creating a new provision in the Code, which is exclusively for the legislature to do. Such legislation cannot be made by a Judge made law. Therefore, he would further submit that this Court should restrain itself from quashing the proceedings on the ground of compromise reached between the parties in respect of non-compoundable offences.