Harikrishnan, Aged 38 Years, v. The Joint Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3946 of 2017 and Crl.M.P.No.2924 of 2017 1.Harikrishnan 2.V.G.K.Manikandan 3.Gunasekaran ... Petitioners/Accused Vs.
1. The Joint Superintendent of Police, Mayiladuthurai Sub Division, Mayiladuthurai 609 001, Nagapattinam District.
2. The Inspector of Police, Perambur Police Station, Nagapattinam District.
3. Lakshmanan
...Respondents/Defacto
Complainant PRAYER:
Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in SC No.4 of 2017 on the file of the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur.
For Petitioners : M/s.J.Milton Arul Rajendran For RR1 & R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed to quash the proceedings in SC No.4 of 2017 on the file of the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur having been taken cognizance for the offences under Sections 294(b), 323, 324, 506 (ii) and Section 3 (1)(x) of SC/ST (POA) Act, 1989.
2. The learned counsel appearing for the petitioners submitted that the case in Crime.No.317 of 2015 was registered against the petitioners under Section 294(b), 323, 324, 506(ii) and Section 3 (1)(x) of SC/ST (POA) Act, 1989 which was taken cognizance in S.C.No.4 of 2017 on the file of the I Additional Sessions Court, Thanjavur. He further submitted that for the very same occurrence, the second respondent registered another case in Crime No.315 of 2015 for the offences under Sections 294 (b), 341 of I.P.C. r/w 3(1) of TNP (PDL) Act and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. When the petitioners are already facing trial in S.C.No.3 of 2017, now they were charged for the above said offences and have been taken cognizance in S.C.No.4 of 2017 on the file of the I Additional Sessions Court, Thanjavur.
He further submitted that the third respondent defacto complainant has filed affidavit before this Court stating that he has no objection to quash the proceedings in S.C.No.4 of 2017, and the joint compromise memo has also been filed by the petitioners and the third respondent defacto complainant. Therefore, he sought for quashment of the entire proceedings in S.C.No.4 of 2017.
3. It is seen that the third respondent defacto complainant has filed an affidavit stating that he has no objection to allow this petition, which is extracted hereunder:
"1. I am the defacto complainant in the above case. Hence I am well acquainted with the facts and circumstances of the case.
2. I state that I have given a complaint against the petitioners. Hence a case is registered under Section 294(b), 323, 324, 506(ii) of I.P.C. and under Section 3 (1) (X) of SC/ST (Prevention of Atrocities Act 1989) in Crime No.317 of 2015 by 2nd respondent police.
3. I state that I am willingly come forward settle the dispute and withdraw all the allegation mentioned in first information report and charge sheet contained averments.
4. I state that I have not willing to contest the above case before S.C.No.4 of 2017 (on the file of the I Additional District and Sessions Judge (PCR) Court, Thanjavur District) in Cr.No.317 of 2015 (On the file of the Inspector of Police, Perambur Police Station, Nagapattinam District).
5. I state that I have no objection in order to quash the S.C.No.4 of 2017 (on the file of 1st Additional District and Sessions Judge (PCR) Court Thanjavur)."
4. Further, to confirm the above affidavit, joint compromise memo was also entered between the petitioners and the defacto complainant, which is also extracted hereunder:
"1. It is submitted that 3rd respondent is defactocomplainant, he has given a complaint before 2nd respondent. Hence, a case has been registered against the petitioner U/s.294(b), 323, 324, 506(ii) of I.P.C. and under Section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.317 of 2015 on 14.08.2015, in which final report is filed, case is S.C.No.4 of 2017 (on the file of the I Additional District and Sessions Judge(PCR) Court, Thanjaur) is pending.
2. It is submitted that the petitioners filed quash petition in Crl.OP.No.3946 of 2017 praying that call for the records in S.C.No.4 of 2017 (on the file of the I Additional District and Sessions Judge (PCR) Court, Thanjavur) and quash the same.
In the case, Crl.M.P.No.2924/2017 is filed by praying that stay all further proceedings in S.C.No.4 of 2017 on the file of the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur, pending disposal of above Crl.OP. This Hon'ble court has granted Interim order in Crl.M.P.No.2924 of 2017.
3. It is submitted that the defacto complainant willingly come forward settle the dispute and withdraw all the allegations mentioned in first information report and charge sheet contained averments.
4. It is submitted that defacto complainant and petitioners are should be made good relationship and being strong brotherhood relationship each other.
5. It is submitted that the petitioners and defacto complainant shall maintain cordial relationship each others.
6. It is submitted that the defacto complainants have not willing to contest the case S.C.No.4 of 2017 (on the file of I Addl. District and Sessions Court, (PCR) Court, Thanjavur), in Crl.No.317 of 2015 (On the file of the Inspector of Police, Perambur Police Station, Nagapattinam District.
7. Hence both parties come forward to settle the dispute and withdraw all the allegations and counter allegation made against each other."
5.
The above joint memo of compromise has been filed before this Court which have been signed by the petitioners and the third respondent 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.
6. Under such circumstances, no useful purpose will be served in keeping the case in S.C.No.4 of 2017, 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. quashes the proceedings in S.C.No.4 of 2017.
7. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.4 of 2017, on the file of the I Additional District and Sessions Judge (PCR) Court, Thanjavur is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.10,000/-(Rupees Ten Thousand only), as costs, to Bharathamatha Orphanage (Old Age Home / Charitable Trust / Children's Home), situated at No.7, West Street, Near Murugan Temple, Ettugudi, Thirukkuvalai Taluk, Nagapattinam District 610 204 (Ph:99422 27001) 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. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pds/lok To
1. The Joint Superintendent of Police, Mayiladuthurai Sub Division, Mayiladuthurai 609 001, Nagapattinam District.
2. The Inspector of Police, Perambur Police Station, Nagapattinam District.
3. The learned 1st Additional District and Sessions Judge (PCR) Court, Thanjavur.
4. The Additional Public Prosecutor, Hight Court of Madras.
5.
The Incharge, Bharathamatha Orphanage (Old Age Home / Charitable Trust / Children's Home), No.7, West Street, Near Murugan Temple, Ettugudi, Thirukkuvalai Taluk, Nagapattinam District 610 204 (Ph:99422 27001) +2cc to M/s.J.Milton Arul Rajendran, Advocate, S.R.No.21261 Crl.O.P.No.3946 of 2017 and Crl.M.P.No.2924 of 2017 RSI(CO) CS/19/06/2019