R.Velmurugan v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Velmurugan ... Petitioner Vs.

1.The Assistant Commissioner of Police North Zone (Law and order) Salem City, Salem.

2.The State rep.by Inspector of Police, Kannankurichi Police Station, Salem 08.

Cr.No.124 of 2008 3.G.Dekila ..Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the final report / charge sheet in P.R.C.No.30 of 2016 in Cr.No.124/2008 pending on the file of the Principal District Judge, Sessions Court / Special Court for Sc/St Act, Salem.

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For Petitioner : Mr.M.Guruprasad For RR1 and 2 : Mr.A.Gopinath Government Advocate (CrlSide)

O R D E R

This petition has been filed to quash the proceedings pending in STC No.617 of 2022, pending on the file of the Fast Track Judicial Magistrate No.II, Erode.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents 1 and 2. 3.The case of the prosecution is that the 2nd respondent and the petitioner were studying in a College. On 06.02.2008, the petitioner is said to have abused the 2nd respondent by using her caste name. He is also said to have harassed her. Based on the complaint given by the 2nd respondent, an FIR came to be registered in Cr.No.124/2008 for offence under Section 4 of Women Harrasment Act and 3(1)(x) of SC/ST Act. The investigation was conducted and final report was filed before the Court below and the same was taken on file in P.R.C.No.30/2016. It is not necessary for this Court to go into the ground that have been raised in 2/4

this Criminal Original Petition, since the very same petitioner had already moved a quash petition in Crl.O.P.No.15980/2013 on the ground that the same has been compromised between the parties. However, this Court was not inclined to entertain the same on the ground that the case is at the PRC stage. It is more than 15 years since the incident had taken place and it is seen from the affidavit filed by the 2nd respondent in Crl.O.P.No.15980/2013 that she has compromised the dispute with the petitioner and she had stated that there she is not interested in prosecuting the case.

4. In view of the above, no useful purpose will be served in keeping the proceedings pending. Hence, the proceedings in P.R.C.No.30 of 2016 on the file of the Principal District Judge, Sessions Court / Special Court for SC/ST Act, Salem, is hereby quashed and this criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed.

22.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order sk 3/4

N.ANAND VENKATESH, J.

sk To 1.The Assistant Commissioner of Police North Zone (Law and order) Salem City, Salem.

2.The Inspector of Police, Kannankurichi Police Station, Salem 08.

3.The Public Prosecutor, High Court, Madras.

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