P.Rajkumar v. The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.Nos.17587 & 17881 of 2021 Crl.O.P.No.17587 of 2021:
1.P.Rajkumar 2.R.Natarajan 3.K.Kanakaraj 4.M.Karthic @ Karthickeyan 5.S.Vengatesh @ Venkatesan 6.K.Murugan
...Petitioners
Versus
1.The Sub Inspector of Police, Ramanatham Police Station, Cuddalore District.
2.M.Prasanth
...Respondents
Crl.O.P.No.17881 of 2021:
1.M.Prasanth 2.P.Arivazhagan 3.S.Jeyaganth @ Jayakanth 4.P.Balaji 5.J.Jegan 6.D.Deva ..Petitioners
Versus
1.The Sub Inspector of Police, Ramanatham Police Station, Cuddalore District.
2.P.Rajkumar
...Respondents
COMMON PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to Crime Nos.54 of 2020 & 53 of 2020 pending on the file of the 1st respondent and quash the same by allowing the present Criminal Original Petition.
For Petitioners in Crl.O.P.:Ms.M.Archana No.17587 of 2021 2nd Respondent in Crl.O.P.No.17881/2021 For Petitioners in Crl.O.P.
No.17881 of 2021 :Ms.T.Dharani R2 in Crl.O.P.No.17587/2021 For Respondent No.1 :Mr.A.Damodaran, in both Crl.O.Ps.
Additional Public Prosecutor COMMON ORDER Since the occurrence date, place and the police station are one and the same in both the matters, a common order is passed.
2.The Criminal Original Petitions have been filed to call for the records pertaining to Crime Nos.54 of 2020 & 53 of 2020 pending on the file of the 1st respondent and quash the same. 3.The case of the prosecution is that on 24.02.2020 Sree Angalamman Temple Festival was held in grand manner in the 2nd respondent village and about 3.00 p.m. One Natarajan S/o. Murugan who disguise himself as god and showered blessing to the public using winnow. When the petitioners were worshiping the Lord Sree Angalamman, the said Natarajan showered blessing using winnow the said act of the Natarajan created a sudden provocation between the petitioners and the defacto complainant in both cases, for which, the Defacto complainants in both Crl.O.P.s lodged complaints against each other and cases were registered by the first respondent police in Crime Nos.53 & 54 of 2020 for offences under Sections 147, 148, 294(b), 323, 506(ii) IPC.
4.The cases are still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
5. The affidavits dated 23.08.2021 have been filed by the 2nd respondent in both cases. The petitioners and the 2nd respondent are present through Video conferencing. In the affidavit, it is stated that since the 2nd respondent and the petitioners now compromised, he is not inclined to proceed with the investigation further. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.
6.Under such circumstances, no useful purpose will be served in keeping the First Information Reports 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., quashes the First Information Reports in Crime Nos.53 & 54 of 2020, on the file of the 1st respondent Police.
7.This Criminal Original Petitions stand allowed and as a sequel, the investigation in Crime Nos.53 & 54 of 2020, on the file of the 1st respondent police, are quashed against the petitioners in both criminal original petitions. s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar sms To 1.The Sub Inspector of Police, Ramanatham Police Station, Cuddalore District.
2.The Public Prosecutor, High Court, Madras.
+1 CC to Ms.T.Dharani, Advocate sr 56131.
CRL.O.P.Nos.17587 & 17881 of 2021 NRL(CO) SP(03/12/2021)