J.Arulprakash v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6933 of 2025 J.Arulprakash ... Petitioner Vs.

1.The State rep by its The Deputy Superintendent of Police, Polur Police Station, Tiruvannamalai District.

2.The Inspector of Police, Polur Police Station, Tiruvannamalai District.

Crime No.432 of 2023.

3.S.Gajendiran ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records connected with the charge sheet in Spl.S.C.No.55 of 2023 on the file of the learned Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai and quash the same.

For Petitioner : Mr.E.Sathiyaraj

For R1 and R2 : M/s.J.R.Archana, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in Spl.S.C.No.55 of 2023 on the file of the learned Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai, thereby taken cognizance for the offences under Sections 294(b), 323, 324, 506(ii) of IPC r/w 3(1)(s), 3(1)(r), 3(2)(va) of SC/ST (POA) Amendment Act, 2015. 2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order

to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4.

Under such circumstances, no useful purpose will be served in keeping the proceeding 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in Spl.S.C.No.55 of 2023 pending trial on the file of the learned Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai.

5.

In view of the above, the proceedings in Spl.S.C.No.55 of 2023of 2017 on the file of the learned Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai, is hereby quashed as against the petitioner

alone. The Trial Court is directed to proceed with the trial as against the other accused persons. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 6.

Accordingly, the Criminal Original Petition stands allowed. 11.03.2025 : Yes/No Speaking/non-speaking order shk

To 1.Sessions Judge, Special Court for SC/ST Act, Tiruvannamalai. 2.The Deputy Superintendent of Police, Polur Police Station, Tiruvannamalai District.

3.The Inspector of Police, Polur Police Station, Tiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.6933 of 2025 11.03.2025