Mahesh @ Maheswaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Mahesh @ Maheswaran 2.Sivaji 3.Moorthy 4.Vinoth @ Vinothkumar 5.Vagesh @ Vageshwaran 6.Manoj @ Manoj Prabhakaran 7.Silambu @ Silambarasan 8.Mani @ Maniraja 9.Hariharan 10.Suriya @ Surya Prakash @ Surya Pradeep 11.Sitthu @ Sitharth 12.Saravanan 13.Muthukumar 14.Balamanikandan 15.Nagarajan 16.Dinakaran 17.Nallamanaidu ... Petitioners vs.

1. The State through The Deputy Superintendent of Police, Umachikulam Sub Division, Near Othakaadai, Madurai.

2. The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.582 of 2016)

3. Pitchaimani ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records connected with the charge sheet in Spl.S.C.No.71 of 2019 on the file of the IIIrd Additional District and Sessions Court (PCR), Madurai and quash the same against the accused 1 to 3, 5, 7, 10 to 22.

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For Petitioners : Mr.R.Alagumani For R1 & R2 : Mr.Thanga Aravindh Government Advocate (Crl.) For R3 : Mr.S.Ramesh Kumar

O R D E R

This Criminal Original Petition has been filed for quashing the proceedings in S.C.No.71 of 2019 on the file of the IIIrd Additional District and Sessions Court (PCR), Madurai.

2. The defacto complainant Pitchaimani is present in person before this Court through video conference. He has been duly identified by Thiru.S.Singaraj SI of Police, attached to Othakadai Police Station, Madurai. The defacto complainant categorically states before this Court that he 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.

3. The petitioner's counsel asserts that the defacto complainant 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 (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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.

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To 1.The IIIrd Additional District and Sessions Judge (PCR), Madurai.

2. The Deputy Superintendent of Police, Umasikulam Sub Division, Near Othakaadai, Madurai.

3. The Inspector of Police, Othakadai Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.1303 of 2022 25.01.2022 USK/23.02.2022/3P/5C 3/3