S.Killai Ravindran, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN CRL.O.P.NO.28015 OF 2017 AND CRL.M.P.NO.15937 OF 2017 S. Killai Ravindran ... Petitioner .Vs.

1. The Inspector of Police, Sirkazhi Police Station, Nagapattinam - 611001.

2. A.Packirisamy ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in Crime No.459 of 2017 on the file of Inspector of Police, Sirkazhi Police Station, Sirkazhi, Nagapattinam District and quash the same.

For Petitioner .. Mr.V.Lakshminarayanan For R1 .. Mr.Suganthan (Public Prosecutor)

ORDER

The present petition has been filed to quash the records in Crime No.459 of 2017 on the file of Inspector of Police, Sirkazhi Police Station, Sirkazhi, Nagapattinam District/first respondent.

2. It is complained by learned Counsel for the petitioner that stay had been granted on 15.12.2017. On 25.01.2018, a learned single Judge of this Court had observed that interim order already granted is extended until further orders, subject to any application being filed to vacate the interim order.

3. It is however complained that even though such an order was passed by the learned single Judge of this Court, final

report had been filed and taken cognizance as C.C.No.628 of 2018 by the Judicial Magistrate Court, Sirkali.

4. Mr.Suganthan, learned Government Advocate (Criminal Side) however pointed out that the first respondent namely Inspector of Police, Sirkazhi Police Station, Sirkazhi, Nagapattinam District and the present petitioner/accused in the said Calendar Case have both appeared before the National Lok Adalat, held on 08.12.2018 at Sirkali, Nagapattanam District, organized by the State Legal Services Authority/District Legal Services Authority/Nagapattinam Taluk Legal Services Committee, Sirkali under Section 19 of the Legal Services Authorities Act, 1987. It was observed during the proceedings that, the complainant Police had lodged a final report against the accused for offences under Sections 504 and 505(i)(b) of I.P.C.

5. During the proceedings of the National Lok Adalat, in the presence of the Assistant Public Prosecutor for the complainant and Mr.R.Stalin, learned Counsel for the accused/ petitioner herein, both the parties filed a compromise petition under Section 320(ii) of Cr.P.C., seeking permission to compound the case.

6. It had been further observed that during the course of negotiations, disputes between the defacto complainant and the accused had been settled in presence of the elders and there was no dispute at all between them. The defacto complainant also accepted the plea of the accused and also accepted to acquit the accused on compounding the offence.

7. The National Lok Adalat observed that the parties had voluntarily compounded the offences between themselves and recorded the compromise and this has also been signed by the accused/petitioner herein, the defacto complainant, the counsel for the accused and also by the members of the National Lok Adalat.

8. In view of that development, nothing further survives for adjudication and hence, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar grs/smv

To 1.

The Inspector of Police, Sirkazhi Police Station, Nagapattinam - 611001.

2.

The Public Prosecutor, High Court, Madras - 104.

CRL.O.P.NO.28015 OF 2017 AND CRL.M.P.NO.15937 OF 2017 GPL(CO) PBS/17/09/2021