Veeramani v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2016
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) Nos.20980 and 20981 of 2016 and C.M.P.(MD) Nos.10691 and 10692 of 2016 In Crl.O.P.(MD) No.20980 of 2016:
Veeramani ... Petitioner/A5 -vs1.
State rep. By The Deputy Superintendent of Police, Mannarkudi, Tiruvarur District.
2.
The Inspector of Police, Paravakottai Police Station, Tiruvarur District (Crime No.52 of 1999) ... Respondents 1 and 2/Complainants 3.
Samayapuram ...3rd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to quash S.C.No.28 of 2006 on the file of the learned I Additional District & Sessions Judge (PCR Court), Thanjavur with regard to the petitioner.
In Crl.O.P.(MD) No.20981 of 2016:
Anbu ... Petitioner/A6 -vs1.
State rep. By The Deputy Superintendent of Police, Mannarkudi, Tiruvarur District.
2.
The Inspector of Police, Paravakottai Police Station, Tiruvarur District (Crime No.52 of 1999) ... Respondents 1 and 2/Complainants 3.
Samayapuram ...3rd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to quash S.C.No.56 of 2011 on the file of the learned I Additional District & Sessions Judge (PCR Court), Thanjavur with regard to the petitioner.
For Petitioner :
Mr.T.Sekar For R1 & R2 :
Mr.P.Kannithevan Government Advocate(Crl.side) For R3 :
Mr.S.Prabhu C O M M O N O R D E R These petitions have been filed seeking to quash the proceedings in S.C.Nos.28 of 2006 and 56 of 2011 on the file of the learned I Additional District & Sessions Judge (PCR Court), Thanjavur, with regard to the petitioners/A5 and A6.
2. It is seen that case in Crime No.52 of 1999 for the offences under Sections 147, 148, 324, 323 IPC r/w Section 3(1)(x) of SC/ST Act has been registered against the accused. Though the petitioners have been arrayed as accused in the said case, after splitting up of the cases they have been arrayed as accused in S.C.No.28 of 2006 and S.C.No.56 of 2011 on the file of the learned I Additional District & Sessions Judge (PCR Court), Thanjavur.
3. When the matters are taken up for hearing, the petitioners/A5 and A6 and the third respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.
4. The learned counsel appearing on either side filed a joint memo of compromise dated 07.11.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has no objection to quash the entire proceedings in S.C.No.28 of 2006 and S.C.No.56 of 2011 on the file of the learned I Additional District & Sessions Judge (PCR Court), Thanjavur against the petitioners. 5.Considering the nature of allegations and in view of joint memo of compromise dated 09.11.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, the proceedings in S.C.No.28 of 2006 and S.C.No.56 of 2011 on the file of the learned I Additional District & Sessions Judge (PCR Court), Thanjavur, in respect of the petitioners/A5 and A6 are hereby quashed.
6. Accordingly, the Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties. The joint compromise memos dated 09.11.2016 shall form part of
this order. Consequently, connected C.M.P.(MD) Nos.10691 and 10692 of 2016 are closed.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar CM To:
1.
The Deputy Superintendent of Police, Mannarkudi, Tiruvarur District.
2.
The Inspector of Police, Paravakottai Police Station, Tiruvarur District 3.
The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
+2cc to Mr.T.Sekar, Advocate Sr.No. 69980 & 69981 JAM/07.12.16/SK-SKN/3p-6c Crl.O.P.(MD) Nos.20980 and 20981 of 2016 and C.M.P.(MD) Nos.10691 and 10692 of 2016 17.11.2016