High Court v. The Deputy Superintendento
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN & Crl.M.P.(MD)Nos.3166 & 3167 of 2022
1. High Court S/o.Pulamadathevar,
2. Polpandi
3. Sivasankar
4. Muthukumar
5. Vellapandi
...Petitioners/Accused Nos.1 to 5
Vs.
1. The Deputy Superintendent of Police, Sathankulam, Thoothukudi District.
2. State through the Inspector of Police, Sathankulam Police Station, Thoothukudi District, in Crime No.57/2018.
3. Kannan ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records pertaining to the Charge Sheet in S.C No.99 of 2020 on the file of the Special Court for PCR Cases, Thoothukudi District for the offences u/s. 147, 148, 294(b), 323, 324, 379, 506(ii) of IPC and Sec.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and quash the same. For Petitioners : Mr.S.Ramasamy For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor(Criminal Side) for R1 & R2 Mr.Ka.Ramakrishnan for R3
ORDER
This Criminal Original Petition has been filed to quash the 1/3
entire proceedings in S.C No.99 of 2020 on the file of the Special Court for PCR Cases, Thoothukudi District for the offences u/s. 147, 148, 294(b), 323, 324, 379, 506(ii) of IPC and Sec.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015. 2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel.
4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Charge Sheet in S.C No.99 of 2020 on the file of the Special Court for PCR Cases, Thoothukudi District.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C No.99 of 2020, on the file of the Special Court for PCR Cases, Thoothukudi District, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 22.03.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Encl.: xerox copy of 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 2/3
order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:
1.The Special Court for PCR Cases, Thoothukudi District.
2. The Deputy Superintendent of Police, Sathankulam, Thoothukudi District.
3. The Inspector of Police, Sathankulam Police Station, Thoothukudi District, in Crime No.57/2018.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to 1.The District Siddha Medical Officer, CCRI, Periyakulam.
2. The Section Officer,Criminal Section, Madurai Bench of Madras High Court, Madurai.
ORDER IN & Crl.M.P.(MD)Nos.3166 & 3167 of 2022 14.03.2022 SE(CO) TR(18.03.2022) 3P 7C 3/3