J.Vikaram @ Visali v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.30218 of 2015 1.J.Vikaram @ Visali 2.Anbu @ Anandhi 3.Nandhini @ Nagaraj 4.Gulpi @ Sulochana 5.Sham @ Radhika 6.Sathish Raj @ Shivani .. Petitioners/Accused Vs 1.The Inspector of Police G-3 Kilpauk Police Station Chennai. ...1st Respondent/Complainant 2.Suresh @ Sureka ...2nd Respondent/Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for records in Crime No.2248 of 2015 on the file of the 1st respondent and quash the same. For Petitioners : Mr.K.Thenrajan For R1 : Ms.Kritika Kamal P.

Government Advocate (Crl.Side) For R2 : Mr.E.Viswanathan

O R D E R

This petition has been filed to call for the records in Crime No.2248 of 2015 on the file of the 1st respondent and quash the same.

2. On the complaint lodged by Suresh @ Surekha, a transgender, the respondent police have registered a case in Cr.No.2248 of 2015 on 27.11.2015 under Sections 147, 341, 294 (b) IPC against 6 transgenders, for quashing which, this application has been filed on the ground that the parties have arrived at a compromise.

3. Today, the de facto complainant and the accused are present.

4. It is the case of the de facto complainant that he is a transgender and that the accused who are known to him abused him on 26.11.2015 in the public road for not joining them. However, the de facto complainant has filed an affidavit, wherein, it is stated as follows:

"4. I submit that in the above case the 1st, 2nd, 3rd, 5th and 6th petitioners were arrested and remanded to judicial custody. At https://hcservices.ecourts.gov.in/hcservices/

the time I and the petitioners decided not to precipitate the matter further. And also decided to settle our dispute amicably between ourselves. As per the compromise I am ready and willing to withdraw the complaint.

5. I submit that based on a compromise I am with my full knowledge and conscious, I am filing this affidavit to quash the case in crime no.2505/2015 for the offence under section 147, 341, 294(b), 323 and 506(i) of IPC on the file of the 1st respondent, in the interest of justice and parties concerned the above case in crime no.2248/15 on the file of the 1st respondent will liable to be quashed.

6. I submit that I am filing this affidavit to compound the above case in crime no.2248/15 on the file of the 1st respondent." In view of the above, this petition is allowed and the prosecution in Cr.No.2248 of 2015 is hereby quashed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gms To 1.The Inspector of Police G-3 Kilpauk Police Station Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Thenrajan, Advocate Sr.No.26890 KJ(CO) sm:24.4.2018 Crl.O.P.No.30218 of 2015 https://hcservices.ecourts.gov.in/hcservices/