Masanamuthu Pandian v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) Nos.1995 & 2161 of 2023 and Crl.MP(MD) Nos.1816 and 1863 of 2023 Crl.OP(MD) No.1995 of 2023 :-

1. Masanamuthu Pandian

2. Vella Durai ... Petitioners Vs 1.The Deputy Superintendent of Police, Alangulam Sub Division, (Cr.No.152/2019).

3.Mathesh ..Respondents Crl.OP(MD) No.2161 of 2023 :- 1.Masanamuthu Pandian

2. Vella Durai 3.Kathiravan ... Petitioners Vs 1.The Deputy Superintendent of Police, Alangulam Sub Division, 1/5

(Cr.No.175/2019).

3.Mupidathi

...Respondents

Common Prayer : Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to impugned Charge sheet in S.C No. 147 of 2019 & SC No.3 of 2020, pending on the file of the Learned II Additional District and Sessions Judge (Special Cases for PCR), Tirunelveli and quash the same. For Petitioners : Mr.KR.Bharathi Kannan.

For R1 & R2 : Mr.P.Kottaichamy Government Advocate(Crl.side) For R3 : Mr.S.Sundarapandian C O M M O N O R D E R These Criminal Original Petitions are filed to quash the proceedings in S.C No. 147 of 2019 & SC No.3 of 2020, pending on the file of the Learned II Additional District and Sessions Judge (Special Cases for PCR), Tirunelveli.

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2.Though these petitions have been moved on the ground of compromise, when these petitions are taken up for hearing today, the parties are not present before this Court, that too, when these petitions are specifically posted for the appearance of the parties. 3.The learned Government Advocate (Crl.side) appearing for the official respondents submits that the petitioners herein are the history sheeted rowdies and therefore, he has raised serious objections to quash the proceedings in S.C No. 147 of 2019 & SC No.3 of 2020, on the ground of compromise.

4.This Court considered the submissions made by the learned Government Advocate (Crl.side).

5. Admittedly, these petitions have been moved to quash the proceedings in S.C No. 147 of 2019 & SC No.3 of 2020 on the ground of compromise. These petitions have been listed today, specifically for the appearance of both parties. However, the parties are not present before this Court. Therefore, this Court is having its own doubt on the genuineness of the compromise arrived at between the parties. 3/5

6.In view of the above, this Court is not inclined to quash the proceedings on the ground of compromise. Accordingly, these Criminal Original petitions are dismissed with liberty to the petitioners to raise all their grounds before the trial Court. The trial Court shall ascertain the genuineness of the compromise arrived at between the parties and thereafter, proceed further in accordance with law. Consequently, connected miscellaneous petitions are closed. 22.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Deputy Superintendent of Police, Alangulam Sub Division, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J vrn Common Order made in Crl.OP(MD) Nos.1995 & 2161 of 2023 and Crl.MP(MD) Nos.1816 and 1863 of 2023 22.07.2024 5/5