Mugeshpandian v. Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.9746 of 2020 Mugeshpandian ... Petitioners /Sole Accused No.1 Vs.

1.The State represented by The Deputy Superintendent of Police, Puliangudi Sub Division, Tirunelveli District.

... 1st Respondent/Complainant 2.The Inspector of Police, Sivagiri Police Station, Crime No.221 of 2020 Tirunelveli District.

... 2nd Respondent/Complainant 3.M.Ponraj ... 3rd Respondent/De-facto complainant PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in Crime No.221 of 2020 on the file of the Inspector of Police, Sivagiri Police Station, Tirunelveli District and quash the same.

For Petitioner : Mr.K.Prabhu For R1 & R2 : Mr.R.Erottuchamy Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.221 of 2020, pending on the file of the Inspector of Police, Sivagiri Police Station, Tirunelveli District. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the first and second respondents.

3.The petitioner is the accused in Crime No.221 of 2020. Based on the complaint lodged by the third respondent herein, the said

case was registered against the petitioner by the second respondent for the offences under Sections 294(b), 323 and 506(ii) IPC, r/w Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amended Act 2015. 4.Now, it appears that the parties have settled their dispute amicably out of Court and that they have also entered into a compromise on the advise of elders. They have also stated that they have acted upon the compromise. A Joint Compromise Memo, signed by the parties, in the presence of their respective counsels, is also produced before this Court. As per the Joint Compromise Memo, the third respondent/de-facto complainant has no objection for quashing the entire proceedings in Crime No.221 of 2020 pending on the file of the Inspector of Police, Sivagiri Police Station, Tirunelveli District.

5.The parties appeared before this Court through video conferencing and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified and confirmed by Mr.S.Chandrasekar, Deputy Superintendent of Police, Puliangudi Sub Division, Tenkasi.

6.Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful purpose will be served by keeping this matter is pending. Hence, the proceedings in Crime No.221 of 2020 on the file of the Inspector of Police, Sivagiri Police Station, Tirunelveli District, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of this order.

7.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 (Encl. Xerox copy of Joint Compromise memo) 1.The Deputy Superintendent of Police, Puliangudi Sub Division, Tirunelveli District. 2.The Inspector of Police, Sivagiri Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD)No.9746 of 2020 24.09.2020 Ns SDS (06.10.2020) 3P-4C