R.Velmurugan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.7320 of 2023 and Crl.M.P(MD).Nos. 6403 and 6404 of 2023 1.R. Velmurugan 2.V.Prakash 3.Sathish @ Sathishkumar ... Petitioners /Accused Nos. 1 to 3 Vs.
1.The State rep. by The Deputy Superintendent of Police, Kulithalai Division, Karur District.
2.The Inspector of Police, Mayanoor Police Station, Karur District.
(Crime No.289 of 2020) 3.S.Rukkumani .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the final report in S.C.No.18 of 2021 on the file of the Principal Sessions Court, Karur registered under Crime No.289 of 2020, dated 19.05.2020 on the file of the 2nd respondent.
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For petitioner : Mr.I. Robert Chandrakumar For R1 & R2 : Mr.S.Manikandan Government Advocate (Crl. side) For R3 : Mr.B. Ravindran O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C.No.18 of 2021 on the file of the Principal Sessions Court, Karur.
2.The contention of the petitioners is that based on the complaint lodged by the 3rd respondent, the 1st respondent registered the First Information Report in Crime No.289 of 2020 for the offences punishable under Sections 294(b), 323 and 354 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 r/w 3(1)(r)(s), 3(2)(Va) 3(1)(w)(i) of SC/ST (POA) Amendment Act, 2015.
3. This Court by order, dated 20.04.2023 directed the defacto complainant to refund the amount of Rs.6,00,000/- which was received by him from the Government on that ground the matter is listed today. The learned counsel for the petitioners submitted that the order was 2/5
complied with the by defacto complaint and he has also filed a memo to that effect.
4.The further contention of the petitioners is that they compromised the issue with the 3rd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 3rd respondent and also by their respective counsels. 5.The petitioners and the 3rd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl. Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.
6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 05.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in S.C.No.18 of 2021 on the file of the Principal Sessions Court, Karur in respect of the petitioners. 3/5
7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.18 of 2021 on the file of the Principal Sessions Court, Karur is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, the connected Miscellaneous Petitions are closed. 26.06.2023 Index : Yes/No Internet : Yes/No trp To
1. The Principal Sessions Court, Karur 2.The Deputy Superintendent of Police, Kulithalai Division, Karur District.
3.The Inspector of Police, Mayanoor Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
trp Crl.O.P.(MD) No.7320 of 2023 and Crl.M.P(MD).Nos. 6403 and 6404 of 2023 26.06.2023 5/5