Sakthivel v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN 1.Sakthivel 2.Vallarasu 3.Mariammal 4.Ganeshpandi 5.Marudhupandi 6.Sonai 7.Ajith ... Petitioners/Accused Nos.1 to 7 vs.

1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

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

In Crime No.31 of 2021. ... Respondents 1 & 2/ Complainants 3.Balasubramani ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.31 of 2021 on the file of the 2nd Respondent and quash the same. For Petitioners : Mr.S.Muniyandi For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R3 : Mr.M.Muthukumar

O R D E R

This petition has been filed to quash Crime No.31 of 2021 on the file of the Inspector of Police, Koodakovil Police Station, Madurai District.

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2.The contention of the petitioners and the third respondent is that based on the complaint lodged by the third respondent, the second respondent registered First Information Report in Crime No.31 of 2021 for the offences punishable under Sections 147, 294 (b), 323, 427 of IPC r/w 3 (1) (r) , 3 (1) (s) and 3 (2) (va) of SC/ST (POA) Amendment Act, 2015, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the third respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the third respondent and also by their respective counsels.

4.The petitioners and the third respondent appeared through video conference from the office of the learned Government Advocate (Criminal side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.G.Baluchamy, Special Sub-Inspector of Police, Koodakovil Police Station, Madurai District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 17.03.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.31 of 2021 pending on the file of the Inspector of Police, Koodakovil Police Station, Madurai District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.31 of 2021 pending on the file of the Inspector of Police, Koodakovil Police Station, Madurai District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 2/3

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 Enclose Joint Compromise Memo.

1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

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

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

03.08.2021 RK (13.09.2021) 3P 4C 3/3