Dhanasekar v. The Deputy Superintendent Of Plice
Crl.O.P.(MD)No.531 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.531 of 2022 1.Dhanasekar 2.Vilvakumar @ Kottai 3.Muthu @ Rethinakumar ... Petitioners / Accused Nos.2,4 &5 vs.
1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.
2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.
(Crime No.149 of 2019) ... Respondents 1&2/Complainant 3.Alagi @ Lakshmi ... 3rd Respondent/Defacto Complainant 4.Kaviyarasan ... Victim PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in S.C.No.12 of 2020 on the file of the Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai and quash the same against the petitioners. For Petitioner : Mr.S.Muniyandi For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.) For R3 & R4 : Mr.M.Muthukumar
O R D E R
This Criminal Original Petition has been filed for quashing the proceedings in S.C.No.12 of 2020 on the file of the Special Court of Exclusive Trial of cases under SC/ST (POA) Act, 1989.
2. The defacto complainant Alagi @ Lakshmi is present in person before this Court through video conference. She has been duly identified by Thiru.S.Jahangir, SSI of Police attached to Manamadurai Police Station, Sivagangai District. The defacto complainant categorically states before this Court that she has no objection for quashing the impugned proceedings. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned proceedings alive. The parties have also filed a joint compromise memo.
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Crl.O.P.(MD)No.531 of 2022
3. The petitioner's counsel asserts that the victim has not received any compensation from the department and that therefore, the question of refunding the same does not arise.
4. The said statement is recorded. The impugned proceedings are quashed. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Rmi Enclosed herewith Copy of the Joint Compromise Memo Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, Sivagangai.
2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.
3.The Inspector of Police, Manamadurai Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.MUTHUKUMAR, Advocate ( SR-2443[F] dated 25/01/2022 ) +1 CC to M/s.V.RAMALINGAM, Advocate ( SR-2440[F] dated 25/01/2022 ) +1 CC to M/s.S.MUNIYANDI, Advocate ( SR-2444[F] dated 25/01/2022 ) Crl.O.P.(MD)No.531 of 2022 25.01.2022 RD(25.02.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2