Thileepan @ Albert Dileep v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.4299 of 2025 Thileepan @ Albert Dileep ... Petitioners/Sole accused Vs.
1.The Deputy Superintendent of Police O/o. the Deputy Superintendent of Police Tirupattur Sub-Division, Sivagangai.
2.The State through the Inspector of Police Kandavarayanpatti Police Station Sivagangai.
Crime No.114 of 2021 2.Gopal ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the impugned charge sheet in Spl.S.C.No.8 of 2022 on the file of the learned Special Court fore Exclusive Trial of cases under SC/ST (POD) Act, 1989, Sivagangai and quash the same as illegal. Page No. 1 of 5
For petitioner : Dr.Lakshmi Prasanna. For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R3 : Mr.N.Abdul Hasan *****
O R D E R
This petition has been filed by the petitioner to call for the records pertaining to Spl.S.C.No.8 of 2022 on the file of the learned Special Court fore Exclusive Trial of cases under SC/ST (POD) Act, 1989, Sivagangai for the offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.114 of 2021 and quash the same.
2. According to the petitioner, due to money dispute, the complaint was lodged by the defacto complainant. Based on the complaint given by the defacto complainant, the police has registered FIR in Crime No.114 of 2021 for the offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.
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3. When the matter was taken up for hearing, the learned counsels on both sides represented that during pendency of the case in Spl.S.C.No. 8 of 2022, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.
4. Today, the accused is present before this Court in person and the defacto complainat is present through Video Conferencing and the Court enquired about the terms of compromise. The defacto-complainant represented that they entered into a compromise and he has no objection in allowing this petition. A compromise memo, dated 27.01.2025 signed by the parties and their respective counsels, is also filed before this Court.
5. This Court has perused the terms of the compromise memo.
6. Considering the nature of the offences and the parties have also entered into a compromise, it is appropriate to allow this petition.
7. Recording the said compromise memo, this petition is allowed and Spl.S.C.No.8 of 2022 on the file of the learned Special Court fore Page No. 3 of 5
Exclusive Trial of cases under SC/ST (POD) Act, 1989, Sivagangai, is quashed.
17.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Deputy Superintendent of Police O/o. the Deputy Superintendent of Police Tirupattur Sub-Division, Sivagangai.
2.The Inspector of Police Kandavarayanpatti Police Station Sivagangai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd Crl.OP(MD) No.4299 of 2025 17.03.2025 Page No. 5 of 5