Dinakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4703 of 2020 1.Dinakaran 2.Ajith @ Ajithkumar 3.Arun 4.Palanichamy 5.Manikandan 6.Kesavan ... Petitioners/Accused No.1,3 to 7 Vs 1.The State Rep. by The Inspector of Police, [Crime No.99 of 2018] ... 1st Respondent/Complainant 2.Mahendran ... 3rd Respondent/De-facto Complainant 3.Saravanan 4.Sarathkumar ... Respondents 3 & 4/Victims Prayer in Crl.O.P.(MD)No.4703 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records, relating to the charge sheet in P.R.C.No.2 of 2019, on the file of the learned District Munsif Court-cum-Judicial Magistrate, Aravakurichi and quash the same.

Crl.O.P.(MD)No.4707 of 2020 1.Balamurugan 2.Karikalan 3.Muruganantham 4.Manikandan @ Mohana Manikandan 5.Aravindh @ Aravindhan 6.Mahendran 7.Shanmugasundaram @ Shanmugam 8.Karthick 9.Sarathkumar ... Petitioners/Accused No.1 to 9 1/3

Vs 1.The State Rep. by The Deputy Superintendent of Police, Aravakurichi Division, ... 1st Respondent/Investigation Officer 2.The Inspector of Police, Karur District, [Crime No.98/2018] ... 2nd Respondent/Complainant 3.Dinakaran ... 3rd Respondent/De-facto Complainant 4.Eswaramoorthi ... 4th Respondent/Victim Prayer in Crl.O.P.(MD)No.4707 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records, relating to the charge sheet in S.C.No.94 of 2018, on the file of the Principal Sessions Court, Karur and quash the same. For Petitioner (in Crl.O.P.(MD)No.4703 of 2020) : Mr.K.P.S.Palanivelrajan For Petitioner (in Crl.O.P.(MD)No.4707 of 2020) : Mr.S.Poornachandran For R1(in Crl.O.P.(MD)No.4703 of 2020) & For R1 and R2 (in Crl.O.P.(MD)No.4707 of 2020) : Mr.A.Robinson Government Advocate (Crl.

Side) For S.Poornachandran, for R2 to R4 in Crl.O.P.(MD)No.4703 of 2020 For K.P.S.Palanivelrajan, for R3 to R4 in Crl.O.P.(MD)No.4707 of 2020 COMMON ORDER These Criminal Original Petitions have been filed to quash the proceedings in P.R.C.No.2 of 2019, on the file of the District Munsif Court-cum-Judicial Magistrate, Aravakurichi, for the offences under Sections 147, 148, 341, 294(b), 323, 324, 307 and 506(2) of IPC and S.C.No.94 of 2018, on the file of the Principal Sessions Court, Karur, for the offences under Sections 147, 148, 294(b), 323, 324 and 506(2) of IPC and Section 3(1)(r) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.Both the parties are present in person before me. It is a case and counter case. Both the parties agreed that the impugned prosecution need not continue as they have amicably resolved the issues between themselves. Both the parties have been identified by Mr.M.Alagu Ramu, SI of Police, Chinna Dharapuram Police Station. Both the parties assured this Court, they will not take steps in a manner, they give raise to prosecute the matter in future also. Since the parties have amicably resolved the issues between themselves, keeping the prosecution alive will not serve any purpose. Compromise memos have also been filed. The same are taken on record and it will form part of this order. 3.In view of the same, these impugned proceedings stand quashed and these criminal original petitions are allowed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To (Encl. Xerox copy of the Joint Compromise Memo) 1.The District Munsif Court-cum-Judicial Magistrate, Aravakurichi. 2.The Principal Sessions Court, Karur.

3.The Deputy Superintendent of Police, Aravakurichi Division, 4.The Inspector of Police, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.K.P.S.PALANIVELRAJAN, Advocate ( SR-11897 & 11898[F] 16.03.2020 sji SDS (18.03.2020) 3P-8C 3/3