Madras High CourtCRL OP(MD)/20451/2016allowed

E.Manikandan @ Kattamani v. The Deputy Superintendent Of

2016-10-25Honourable Mr Justice K. Kalyanasundaram5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) Nos.20451 to 20454 of 2016 7.K.Mani 9.K.Arumuganainar @ Arumugam : Petitioners/A2 to A6, A8 to A11 3.Nithyaselvei : R3/De-facto complainant 4.Lakshmi : 4th respondent/Victim Prayer in Crl.O.P(MD)No.20451 of 2016: Petition filed under records of charge sheet in S.C.No.82 of 2016 in Crime No.131 of 2014 pending on the file of the learned II Additional District and Sessions Judge and Special Court for PCR cases, Tirunelveli and quash the same as illegal and pass such further orders. Crl.OP(MD)No.20452 of 2016:

7.K.Mani 9.K.Arumuganainar @ Arumugam : Petitioners/A2 to A6, A8 to A11

3.Nithyaselvei : R3/De-facto complainant 4.Siddarthan : 4th respondent/Victim Prayer in Crl.O.P(MD)No.20452 of 2016: Petition filed under records of charge sheet in S.C.No.83 of 2016 in Crime No.130 of 2014 pending on the file of the learned II Additional District & Sessions Judge and Special Court for PCR cases, Tirunelveli and quash the same as illegal and pass such further orders. Crl.OP(MD)No.20453 of 2016:

7.G.Mani 9.K.Arumuganainar@ Arumugam : Petitioners/A2 to A6,A8 to A10, A12 3.Pandaram : R3/De-facto complainant

Prayer in Crl.O.P(MD)No.20453 of 2016: Petition filed under records of charge sheet in S.C.No.84 of 2016 in Crime No.135 of 2014 pending on the file of the learned II Additional District & Sessions Judge and Special Court for PCR cases, Tirunelveli and quash the same as illegal and pass such further orders. Crl.OP(MD)No.20454 of 2016:

7.K.Mani 9.K.Arumuganainar @ Arumugam : Petitioners/A2 to A6, A8 to A11 3.Petchiammal : R3/Victim Prayer in Crl.O.P(MD)No.20454 of 2016: Petition filed under records of charge sheet in S.C.No.85 of 2016 in Crime No.136 of 2014 pending on the file of the learned II Additional District & Sessions Judge and Special Court for PCR cases, Tirunelveli and quash the same as illegal and pass such further orders. For Petitioners : Mr.S.M.A.Jinnah For R1 and R2 : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for all cases For R3 in Crl.O.P(MD) Nos.20453 and 20454 of 2016 & For R4 in Crl.O.P(MD) Nos.20451 & 20452 of 2016 : Mr.R.Rajesh Kumar

COMMON ORDER These petitions have been filed under Section 482 Cr.P.C., praying to call for the records relating to the case in S.C.Nos.82 to 85 pending on the file of the II Additional District & Sessions Judge/Special Court for PCR cases, Tirunelveli, respectively and quash the same. 2.Today when the cases are taken up for hearing in the morning, the petitioners and the de-facto complainants/victims along with their counsel appeared in person. They have filed joint Memorandum of compromises stating that the matter had already been compromised between the parties and the de-facto complainants/victims have no objection to quash the proceedings in respect of S.C.Nos. 82 to 85 of 2016 stating that the disputes have been settled between them.

The learned counsel appearing for the petitioners would submit that the petitioners are ready to denote totally Rs.40,000/- to the Harijan Sevak Sangh, Madurai. 3.In view of the above, this court permitted the petitioners to pay Rs.40,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memorial Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayagar Nagar, Opposite to Law College, Madurai-20 and also this court dispensed with the appearance of the parties.

4.In the afternoon, when the matter is called, the receipt has been filed. In view of the statement made by the parties and the joint compromise memos filed by them, no fruitful purpose will be achieved to proceed further in all the petitions. 5.In view of that, these petition are allowed and the entire proceedings in respect of S.C.Nos.82 to 85 of 2016 pending on the file of the II Additional District & Sessions Judge/Special Court for PCR cases, Tirunelveli, are quashed against the petitioners. The joint compromise memos shall form part of the record. Sd/ Assistant Registrar(C.O.,) /TRUE COPY/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police,

2. The Inspector of Police,

3. The II Additional District & Sessions Judge, Special Court for PCR cases, Tirunelveli.

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

Crl.O.P.(MD)Nos.20451 to 20454 of 2016 25.10.2016 er msm/mpa/sar3/11.11.16/p5/5c