Madras High CourtCRL OP(MD)/3166/2021disposed of

Arunkumar v. The Inspector Of Police

2021-06-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.OP(MD)No.3166 of 2021 & Crl.MP(MD)No.1740 of 2021 1.Arunkumar 2.Sathishkumar 3.Mukesh Kannan 4.Muniyandi 5.Vijay 6.Dharmaprabu ... Petitioners/A2,A4 to A6, A9 and A11 Vs.

1.State Rep. by the Inspector of Police, Sikkal Police Station, Ramanathapuram District.

(Cr.No.99 of 2020) ...1st Respondent/Complainant 2.Shanthi ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.99 of 2020 on the file of the respondent Police and quash the same in respect of the petitioners are concerned.

For Petitioners : M/s.T.A.Ebenezer For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition is filed seeking quashment of Crime No.99 of 2020 on the file of the respondent Police.

2. The case of the petitioners is that based upon the complaint given by the second respondent herein, the case in Crime No.99 of 2020 under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 has been registered against these petitioners. It is their further case that some accused persons in this case belong to a suppressed community and they were attacked by the defacto complainant and her men, in respect of which, a case has been registered against the defacto complainant and her men, based upon the complaint given by some accused persons in Crime No.100 of 2020 on the file of the first respondent herein.

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3. When the matter was taken up for hearing, the learned counsel for the petitioner would submit that since the case in Crime No.100 of 2020 is registered under Sections 147, 148, 341, 294(b), 323, 324 and 506(2) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, the case has been investigated by the Deputy Superintendent of Police, Muthukulathur.

4. At this juncture, the learned counsel for the petitioner would submit that since this is a case in counter and since the parties belong to the same village, there is every possibility of settlement between them and hence Crime No.99 of 2020 may be transferred to the file of the Deputy Superintendent of Police, Muthukulathur

5. The request made by the learned counsel for the petitioner is reasonable, for which, the learned Additional Public Prosecutor also gives due consent. Eventhough the petition is filed for quashment, considering the limited request of the petitioner, Crime No.99 of 2020 on the file of the respondent Police is transferred to the file of the Deputy Superintendent of Police, Muthukulathur for investigation along with Crime No.100 of 2020 pending on his file.

6. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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.Inspector of Police, Sikkal Police Station, Ramanathapuram District.

2.The Deputy Superintendent of Police, Muthukulathur.

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

28.06.2021 KB(05.07.2021) 3P 4C 3/3