Senbagam @ Senbageswari v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.3933 of 2024 Senbagam @ Senageswari .. Petitioner/Sole Accused vs.

1.State rep.by The Deputy Superintendent of Police Bhavani Sub Division Erode District.

..1st Respondent/ Investigation Officer 2.Sub Inspector of Police Vellithiruppur Police Station Eroder District.

..2nd Respondent/Complainant (Crime No.205 of 2022) 3.Ravichandran .. 3rd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Special SC.No.4 of 2023, on the file of the Court of the Principal District and Sessions Judge, Erode and quash the impugned final report against the petitioner for offences under Sections 3(1)(u) 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 506(1) IPC.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 and R2

Mr.N.S.Suganthan for R3

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Special SC.No.4 of 2023, on the file of the Principal District and Sessions Judge, Erode.

2. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Compromise Affidavit Memo dated 10.2.2024 signed by both petitioner and the 3rd respondent/de facto complainant and their respective counsel has been filed before this Court. In order to identify the respective parties they have also produced the copy of the Aadhaar Card is made part of the record. The petitioner and the 3rd respondent/defacto complainant were also present in person before this Court. In the affidavit, it has been stated that the petitioner and the 3rd respondent/de facto complainant have entered into a compromise and amicably settled their issues in in Special SC.No.4 of 2023, on the file of the Principal District and Sessions Judge, Erode.

5. Under such circumstances, no useful purpose will be served in keeping the case 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 Aahir @ Parbathbhai Vs. State of Gujrath) and after

exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the proceedings in Special SC.No.4 of 2023, on the file of the Principal District and Sessions Judge, Erode.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in in Special SC.No.4 of 2023, on the file of the Principal District and Sessions Judge, Erode, is quashed and the terms of Joint compromise affidavit shall form part and parcel of this order.

28.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Deputy Superintendent of Police Bhavani Sub Division Erode District.

2.Sub Inspector of Police Vellithiruppur Police Station Eroder District.

3. Principal District and Sessions Judge, Erode.

4.The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.3933 of 2024 28.02.2024