Devadoss v. The Deputy Superindent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.28046 of 2019 and Crl.M.P. No.14964 of 2019 1.Devadoss 2.JosephIrudhayaraj 3.Ganaprakasam 4.Danislas 5.Martin 6.Devasagayam 7.Abiragam 8.Peter paul 9.Arockia doss 10.Arockia doss 11.Arockia doss 12.Apolin 13.Palsar 1/11

14.Joseph 15.Sagayaraj 16.Kulandaisamy 17.Asirvatham 18.Yakkob 19.Alexander 20.Alexander 21.Amirtham 22.Antonysamy 23.Raja 24.Gaspar 25.Martin 26.Martin 27.Antony raj 28.Paul peter 29.Sagayaraj 30.Arockiadoss 31.Anand 32.Ganaprakasam 2/11

33.Amburose 34.Arockiadoss 35.Arumaiselvem 36.Simmikkannu @ Jimmy Garter 37.Lurdhusamy 38.Kulandaisamy 39.Johnpeter 40.Johnpeter 41.Antonysamy 42.Edmond Joseph 43.Jerome 44.Jebamalai 45.Julian 46.JohnPeter 47.Chinnappan 48.John peter 49.Amaladoss 50.Joseph 51.Pathinathan @ M G R 3/11

52.Charles 53.Antonysamy 54.Antony doss @ Durai 55.Antonysamy 56.Lurdhusamy 57.Paulraj 58.Arulraj 59.Irudhayaraj 60.Eliyas 61.Lawranceraj 62.Johnpeter 63.Charlespeter 64.Mois 65.Soosainathan sivavelgiri 66.Alphonse 67.Aayir 68.Selvaraj 69.Joseph 70.Antonysamy 71.Vincentpaulraj 4/11

72.Ganaraj 73.Joseph 74.Savariraj 75.Divyanathan 76.Devid 77.Marianathan 78.Vellaiyan @ Arockiadoss 79.Arockiasamy 80.Antonysamy 81.Magimainathan 82.Bonthili @ Francis 83.Abraham 84.Ganathikkam @ Ismail 85.Antonysamy 86.Arockiadoss @ Aasaikunji 87.Chinnappan 88.Johnpaul 89.Manickkampillai @ Manicka Durai ... Petitioners

Versus

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1.The Deputy Superindent of Police Ulundurpet Villupuram District.

2.The Inspector of Police, Elavansoorkootai Police Station, Uludurpet Villupuram District.

3.Thangaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records in Special SC.No.142/2016 pending before the SC/ST Special Court at Villupuram and quash the same.

For Petitioners : Mr.R.Sankara Subbu for M/s.D.Mario Johnson For R1 and R2 : Mr.A.Damodaran Additional Public Prosecutor For R3 : Notice Served

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.142 of 2016 on the file of SC/ST Special Court at Villupuram.

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2.The petitioners are accused facing trial in S.C.No.142/2016 for the alleged offences under Sections 147, 148, 294(b), 324, 448, 427, 506(2) IPC and r/w Section 3 (1) (10) of SC/ST (POA) Act. 3.The learned counsel for the petitioners submitted that the case was registered pursuant to the dispute between two communities in the village with regard to the conduct of a Church festival. 4.One of the accused had filed a quash petition in Crl.O.P.No.5048 of 2017 stating that the issue has been amicably settled between the members of two communities and in order to build peace and harmony in the village, the parties were seeking quash of the impugned proceedings. On the basis of the said representation, this Court had quashed the proceedings as against one Selvaraj who was an accused in S.C.No.142 of 2016.

5.The learned counsel for the petitioners submitted that since the parties have amicably settled the matter, the order passed in favour of one of the accused has to enure in favour of other accused who are the petitioners before this Court.

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6.The learned Additional Public Prosecutor, appearing for the first and second respondents on instructions submitted that the peace is prevailing in the village and no untoward incident have taken place. He further submitted that the submission of the petitioners that the two communities have entered into a compromise is true and submitted that if the proceedings are allowed to continue, peace and harmony is likely to be disturbed.

7.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the first and second respondents. Though notice was served to the third respondent/defacto complainant on 02.11.2019, none has entered appearance on behalf of the third respondent.

8.This Court finds that on the petition filed by one of the accused, this Court had recorded the fact that the parties have amicably settled the issues in order to build peace and harmony in the village in future. The relevant portion of the order of this Court dated 15.03.2017 in Crl.O.P.No.5048 of 2017 is as follows:- 8/11

"2.In the affidavit filed in support of this Criminal Original Petition, it is stated that on the advice of the police and revenue officials, the dispute between the petitioner and the third respondent has been amicably settled in order to build peace and harmony in the village in future.

The said finding which was made in respect of one of the accused would apply to the petitioners as well. Further, the learned Additional Public Prosecutor on instructions submits that a compromise has been arrived at between the parties in the presence of police and revenue officials. Since the parties have amicably settled the issue, there is no use in keeping the impugned proceedings pending before the trial Court.

9. In view of the same, the proceedings in S.C.No.142 of 2016 is quashed against the petitioners. Accordingly, the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed.

10.03.2023 dk Index: Yes/No Speaking Order / Non-Speaking Order 9/11

To 1.The SC/ST Special Court Villupuram.

2.The Deputy Superindent of Police Ulundurpet Villupuram District.

3.The Inspector of Police, Elavansoorkootai Police Station, Uludurpet Villupuram District.

4.The Public Prosecutor High Court of Madras Chennai - 600 104.

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SUNDER MOHAN, J dk Crl.O.P.No.28046 of 2019 and Crl.M.P. No.14964 of 2019 10.03.2023 11/11