Gengatharan v. The Inspector Of Police

Crl.OP(MD).No.4409 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.4409 of 2021 1.Gengatharan 2.Veluchamy ... Petitioners/Accused Nos.1& 2 vs.

1.State Rep by The Inspector of Police, Thiruvengadam Police Station, Tenkasi District.

(Crime No. 51 of 2021) 2.The Deputy Superintendent of Police, Shankarankovil, Tenkasi District. ... Respondents/ Complainant 2.Shanmugaraj ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the First Information Report pertaining to the case in Crime No.51 of 2021 on the file of the Inspector of Police, Thiruvengadam Police Station and quash the same. For Petitioners : Mr.Ramasamy. S.

For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R3 : Mr.P.Venkatesan

O R D E R

This petition has been filed to quash the Crime No.51 of 2021 on the file of the Inspector of Police, Thiruvengadam Police Station. 2.The contention of the petitioners is that based on the complaint lodged by the third respondent, the second respondent registered First Information Report in Crime No.51 of 2021 for the offences punishable under Sections 294 (b), 323 and 506 (i) of IPC and Section 3 (1) (r), 3 (1) (s), 3 (1) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 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 before this Court, through video conference, from the office of the learned Additional Public Prosecutor along with their counsels and also https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.4409 of 2021 produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and Mr.G.Arumugasamy, Special SubInspector of Police, Thiruvengadam Police Station, Tenkasi District. Both the parties to compromise 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 18.03.2021, 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.51 of 2021 pending on the file of the Inspector of Police, Thiruvengadam Police Station, 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.51 of 2021 on the file of the Inspector of Police, Thiruvengadam Police Station, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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. The Inspector of Police, Thiruvengadam Police Station, Tenkasi District.

(Crime No. 51 of 2021) 2.The Deputy Superintendent of Police, Shankarankovil, Tenkasi District.

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

Crl.OP(MD)No.4409 of 2021 28.07.2021 MGJ(13.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2