S.Palaniswamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.S.Palaniswamy 2.S.P.VishnuPrasath ...

Petitioners versus 1.The State represented by Deputy Superintendent of Police, Hassanur Police Station, Erode District.

(Crime No.57 of 2022) 2.The Sub Inspector of Police, Hassanur Police Station, Erode District.

3.R.Manoj ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to call for the records relating to Crime No.57 of 2022 on the file of Hassanur Police Station, Thalavadi at Erode District and quash the same.

For Petitioners : Mr.R.Surya Kumaran For Respondent Nos.1 & 2 : Mr.A.Damodaran Additional Public Prosecutor For Respondent No.3 : Mr.K.Bratheesh 1/4

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.57 of 2022 on the file of the Inspector of Police, Hassanur Police Station, Thalavadi, Erode District and quash the same.

2.

The learned counsel for the petitioners would submit that there is a money dispute between the petitioners and the de facto complainant and due to which, a case has been registered in Crime No.57 of 2022 for the offences under Sections 294(b), 324, 506(2) of I.P.C. and Section 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

3.

Today, when the matter is taken up for hearing, the petitioners and the de facto complainant were present before this Court and they were identified by Mr.K.Selvan, Inspector of Police, Talavady Circle, Erode District. In order to identify the respective parties, they have also produced the copies of the Aadhaar Cards. The third respondent / de facto complainant has also filed an affidavit by expressing his consent for compromise.

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4.

In view of the compromise, the de facto complainant does not want to pursue the matter any further. Under such circumstances, no useful purpose will be served in keeping the proceedings. Therefore, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641 reported in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of power under Section 482 Cr.P.C. prefers to quash the proceedings in Crime No.57 of 2022, on the file of the Inspector of Police, Hassanur Police Station, Thalavadi, Erode District. 5.

In the result, this Criminal Original Petition stands allowed and the proceedings in Crime No.57 of 2022 on the file of the Inspector of Police, Hassanur Police Station, Thalavadi, Erode District, is hereby quashed in terms of compromise. The affidavit of the de facto complainant shall form part of this order.

23.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4

R.N.MANJULA , J.

sri To 1.The State represented by Deputy Superintendent of Police, Hassanur Police Station, Erode District.

2.The Sub Inspector of Police, Hassanur Police Station, Erode District.

3.The Public Prosecutor, Madras High Court, Chennai.

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