Sukumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.5966 of 2023 Sukumar ... Petitioner/Accused Vs.
1.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.
(Crime No.232/2022).
... 1st Respondent/Complainant
2. Murugalakshmi ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the impugned SC No.157 of 2022, pending on the file of II Additional District and Sessions Court (PCR), Tirunelveli. For petitioner : Mr.Selvakamatchi P For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R2 : Mr.S.Srikanth O RDER This Criminal Original Petition has been filed seeking to quash the impugned S.C. No.157 of 2022, pending on the file of II Additional District and Sessions Court (PCR), Tirunelveli. 1/4
2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.232 of 2022 for the offences punishable under Sections 354A(1)(i), 506(i) IPC and Sections 3(1)(w)(i), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989, against the petitioner.
3. The learned counsel for the defacto complainant would submit that the defacto complainant deposited Rs.1,80,000/- to the Directorate of Adidravidar Welfare Department, for which, receipt is also produced. The balance amount of Rs.7,500- is also paid by the defacto complainant. 3.The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is 2/4
recorded.
5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 29.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in S.C.No.157 of 2022 pending on the file of the II Additional District and Sessions Court (PCR), Tirunelveli, is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.157 of 2022, pending on the file of the II Additional District and Sessions Court (PCR), Tirunelveli, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.
05.10.2023 Index : Yes/No Internet : Yes/No NCC:Yes/No Indu 3/4
G.ILANGOVAN. J.
Indu To 1.The II Additional District and Sessions Court (PCR), Tirunelveli. 2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
05.10.2023 4/4