Madras High CourtCRL OP(MD)/6172/2021allowed

Chinnapandi v. The Deputy Superintendent Of Police

2021-12-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.6172 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.6172 of 2021 1.Chinnapandi 2.Periyapandi 3.Perumal ... Petitioners/Accused vs.

1.The State represented by its The Deputy Superintendent of Police, Kariyapatti Sub Division, Virudhunagar District.

... 1st Respondent/Complainant 2.The Inspector of Police, Kariapatti Police Station, Virudhunagar District.

... 2nd Respondent/Complainant 3.Aathimoolam ... 3rd Respondent/ defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the case in Spl.S.C.No.15 of 2018 on the file of the learned Special Court for SC/ST (POA) Act cases, Srivilliputhur, Virudhunagar District and quash the same. For Petitioners : Mr.D.Karthik Raja For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor For R3 : Mr.P.Revathi

O R D E R

This Criminal Original Petition has been filed for quashing the proceedings in Spl.S.C.No.15 of 2018 on the file of the Special Court for SC/ST (POA) Act cases, Srivilliputhur, Virudhunagar District.

2. The defacto complainant Aathimoolam is present in person before this Court.

He has been duly identified by Thiru.R.Balachandran, HC 1932 attached to Kariapatti Police Station, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6172 of 2021 Virudhunagar District. There is also another victim by name Chandra Sekaran. Aathimoolam had received a sum of Rs.75,000/- as compension. I had directed that compensation received by them ought to be refunded. The compensation received by them has also been returned. A memo to this effect has already been filed before this Court. The defacto complainant categorically states before this Court that he has no objection for quashing the impugned proceedings. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned proceedings alive. The parties have also filed a joint compromise memo. The impugned proceedings are quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Rmi Encl:-Photocopy of Compromise Memo Attached.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Special Judge for SC/ST (POA) Act cases, Srivilliputhur,Virudhunagar District.

2.The Deputy Superintendent of Police, Kariyapatti Sub Division, Virudhunagar District.

3.The Inspector of Police, Kariapatti Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.6172 of 2021 10.12.2021 MGJ(22.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2