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Madras High CourtCRL OP(MD)/7581/2017allowed

Balakrishnan v. The Superintendent Of Prison

2017-07-06Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.7581 of 2017 and Crl.M.P.(MD) No.5191 of 2017 Balakrishnan ... Petitioner/Accused No 1 -vs1.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli.

... Respondent 2.State through the Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

... Respondent/Complainant 3.State through the Inspector of Police, Pappakudi Police Station, Tirunelveli Districtt.

(In Crime No.136 of 2014). ... Respondent/Complainant 4.Petchiammal ... Respondent/Victim Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records of charge sheet in S.C.No.85 of 2016 in Crime No. 136 of 2014 pending on the file of the Learned IInd Additional District and Sessions Judge and Special Court for P.C.R. Cases, Tirunelveli and quash the same as against as illegal the petitioner.

For Petitioner :

Mr.S.M.A.Jinnah For R1 to R3 :

Mr.K.Anbarasan Government Advocate(Crl.side) For R4 :

Mr.R.Rajesh Kumar

O R D E R

This petition has been filed seeking to quash the 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 and Sessions Judge and Special Court for P.C.R. Cases, Tirunelveli, pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime No.136 of 2014 for the alleged offences under Sections 147, 294(b),435,506(ii) IPC and 3

(1) of TNPPDL Act r/w Section 3(2)(Va) of SC/ST (POA) Amendment Ordinance-2014 has been registered against the petitioner/A1.

After completion of investigation, charge sheet has been laid before the learned District Munsif-cum-Judicial Magistrate, Cheranmahadevi, Tirunelveli and the same has been committed to Sessions Court and taken on file in S.C.No.85 of 2016 on the file of the learned Additional District and Sessions Judge and Special Court for P.C.R cases, Tiruneveli.

3. It is submitted that pursuant to the settlement entered into between the parties at the intervention of senior members and relatives of the parties concerned, they have filed a compromise memo dated 00.04.2017 duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the fourth respondent has agreed to quash criminal proceedings in S.C.No.85 of 2016 pending on the file of the Learned II Additional District and Sessions Judge and Special Court for P.C.R. Cases, Tirunelveli.

4. When the matter is taken up for hearing, the petitioner/A1 and the fourth respondent, appeared in person and they have submitted that they have signed in the compromise memo out of their own will and volition. The identifications of the parties, who signed in the compromise memo, were also verified by this Court through Identity Cards and Adhar Cards. Apart from that, identity of those persons are confirmed by the learned Government Advocat (Crl.side) through the respondent police. 5.Considering the nature of this case and in view of joint memo of compromise dated 00.04.2017, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, criminal proceeding in S.C.No.85 of 2016 pending on the file of the Learned II Additional District and Sessions Judge and Special Court for P.C.R. Cases, Tirunelveli, in respect of the petitioner/A1 is hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 00.04.2017 shall form part of this order. Consequently, connected Crl.M.P.(MD) No.5191 of 2017 is closed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To:

1.The IInd Additional District and Sessions Judge, Special Court, Tirunelveli.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

3.The Superintendent of Prison, Palayamkottai central Prison, Palayamkottai.

4.The Inspector of Police, Pappakudi Police Station, Tirunelveli Districtt.

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

+1cc to Mr.S.M.A.Jinnah,Advocate,SR.64287 Crl.O.P.(MD) No.7581 of 2017 and Crl.M.P.(MD) No.5191 of 2017 06.07.2017 CM/GSP KK/SKN RSK/SAR1/13.07.2017/3P-7C