Madras High CourtCRL OP/11834/2025allowed

R.Kalaiyarasan v. The Deputy Superintendent Of Police,

2025-04-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl. O.P. No.11834 of 2025 R.Kalaiyarasan ... Petitioner Vs 1.The Deputy Superintendent of Police, Ramanatham Police Station, Cuddalore District, Tittakudi Zone.

2.The Inspector of Police, Ramanatham Police Station, Cuddalore District, Tittakudi Zone.

3. C.Maruthambal ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records and to quash the final report filed in S.C.No. 3 of 2023 on the file of the Special Court for the exclusive Trial of SC and ST cases, Cuddalore. For Petitioner : Mr. P. Sesubalan Raja For R1 & R2 : Mr. A. Gopinath, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.C. No. 3 of 2023 on the file of the Special Court for the exclusive Trial of SC and ST Cases, Cuddalore.

2. The petitioner is arrayed as sixth accused. As far as other accused are concerned, the third respondent entered into compromise and the entire proceeding has been quashed by this Court in Crl.O.P.No.6332 of 2024 by order dated 21.03.2024. However on the date of filing the quash petition, the petitioner was not in India and he was abroad. Therefore, the petitioner's name was not included in the compromise memo. Therefore, no purpose will be served if the trial continues as against the petitioner.

3. That apart, already the third respondent also settled the issue with the accused persons.

4. In view of the above, this Court in order to meet the ends of justice, is inclined to quash the entire proceedings.

5. Accordingly, the proceedings in S.C. No. 3 of 2023 on the file of the Special Court for the exclusive Trial of SC and ST cases, Cuddalore, is quashed and the Criminal Original Petition is allowed. 22.04.2025 Index:Yes/No AT To 1.The Special Court for the exclusive Trial of SC and ST cases, Cuddalore.

2.The Deputy Superintendent of Police, Ramanatham Police Station, Cuddalore District, Tittakudi Zone.

3. The Inspector of Police, Ramanatham Police Station, Cuddalore District, Tittakudi Zone.

4.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT 22.04.2025