Arul Nathan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.14302 of 2015 and MP.No.1 of 2015 1.Arul Nathan 2.Elamvazhuthi 3.Kausikan ... Petitioners/Accused Vs 1.The State, represented by Station House Officer, Thirupapuliyur Police Station, Cuddalore District.

2.Palanivel

...Respondents/Complainant Defacto

Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in PRC.No.15 of 2011 on the file of the Judicial Magistrate No.III, Cuddalore and quash the same as illegal.

For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1]

O R D E R

This petition has been filed to quash the proceedings in PRC.No.15 of 2011 on the file of the Judicial Magistrate No.III, Cuddalore.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. On a complaint lodged by Palanivel, the respondent police registered a case in Crime No.731 of 2011 for offences under Section 147, 341, 294[b] and 307 IPC against the petitioners herein. After completing the investigation, the respondent police filed a Final Report, which was taken on file as PRC.No.15 of 2011 and the same is pending. In the meanwhile, it is seen that the parties have arrived at an amicable settlement and that they have compromised the matter.

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4. On a reading of the Final Report, it is seen that the incident had occured during Panchayat elections and in order to restore amity between the warring groups in the village, the parties seem to have arrived at a compromise. 5.

Today, Mr.D.S.Saravanan, Inspector of Police, Thirupapuliyur Police Station, Cuddalore District is present. The defacto complainant /Palanivel and all the accused/petitioners herein are present before this Court and they have also been identified by the Inspector of Police. The defacto complainant has filed a supporting affidavit, wherein, in paragraph No.2, it is stated as follows:

"2. I submit that due to passage of time we were resolved our dispute that matter was resolved amicably by the elecers of the locality as all inter related and living the same place. I further submit that the case is registered against the accused only election dispute and the case is pending for the 4 years only PRC.No.15 numbered 2011. If the matter was not resolved amicably the enmity will be increased in future. Hence we were resolved our dispute amicably by the elders. Hence, it is just and necessary that this Hon'ble Court may be pleased to quash the proceedings in PRC.No.15 of 2011 on the file of the Judicial Magistrate III, Cuddalore to secure the ends of justice.

Hence, it is prayed that this Hon'ble Court may be pleased to quash the proceedings in PRC.No.15 of 2011 on the file of the Judicial Magistrate III, Cuddalore to secure the ends of justice and thus render justice."

6. In view of the above, relying upon the judgment of the Hon'ble Supreme Court in Narinder Singh and Others Vs State of Punjab and Another reported in [2014] 6 SCC 466, the entire proceedings against all the accused in PRC.No.15 of 2011 is hereby quashed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To 1.The Station House Officer, Thirupapuliyur Police Station, Cuddalore District.

2. The Judicial Magistrate No.III, Cuddalore. 3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.Sankarasubbu, Advocate Sr.30432 CRL.OP.No.14302 of 2015 PUR(CO) EU 30.06.15 https://hcservices.ecourts.gov.in/hcservices/