S.U.Vijayaraman v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.16134 of 2016 1.S.U.Vijayaraman 2.J.Kumar 3.R.Ramesh @ Chellapandi .. Petitioners/Accused Nos.1 to 3 -Vs1.State represented by The Sub-Inspector of Police, Dindigul North Town Police Station, Dindigul Dindigul District.

2.The Deputy Superintendent of Police, Dindigul District, Dindigul.

... 1st & 2nd Respondents/Complainants 3.Valarmathi ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the entire records pertaining to the case in P.R.C.No.22 of 2015 on the file of the Learned Judicial Magistrate No.II, Dindigul and quash the same as illegal.

For Petitioners : Mr.M.Sivakumar For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 & R2 For R3 : Mr.R.Prabath

O R D E R

This petition has been filed to call for the records in P.R.C.No.22 of 2015, on the file of the learned Judicial Magistrate No.II, Dindigul and quash the same to the petitioners alone.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the respondents.

3. Based on the complaint given by the third respondent/defacto complainant, a case has been registered against the petitioners in Cr.No.774 of 2015 for offences under Sections 420 of IPC r/w 3 (1)(5) of SC/ST Prevention of Atrocities Amendment Ordinance Act, 2014, on the file of the first respondent and now the investigation has been completed and the charge-sheet has been filed before the learned Judicial Magistrate No.II, Dindigul in P.R.C.No.22 of 2015. The said P.R.C.No.22 of 2015 is challenged before this Court.

4. When the matter was called lastly i.e., on 22.09.2016 both the petitioners as well as the third respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a memo of compromise dated 04.01.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are ready to donate Rs.10,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.10,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been produced. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the P.R.C.No.22 of 2015, on the file of the learned Judicial Magistrate No.II, Dindigul is hereby quashed and the Criminal Original Petition is allowed. sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To:

1.The Sub-Inspector of Police, Dindigul North Town Police Station, Dindigul Dindigul District.

2.The Deputy Superintendent of Police, Dindigul District, Dindigul.

3.The Judicial Magistrate NO.II, Dindigul.

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

+1cc to Mr.M.Sivakumar, Advocate SR.No.55567 am sm:Sk-SKN:06/10/2016:3P/6C Crl.O.P.(MD) No.16134 of 2016 26.09.2016