Thangapandian v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN 1.Thangapandian 2.K.K.R.Pandi 3.Duraipandi 4.Palpandi .. Petitioners / Accused Nos.1 to 4 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aundipatti Theni Distrit.

2.The Inspector of Police, Aundipatti Police Station, Theni District (In Crime No.541 of 2015) ... Respondents / Complainants 3.Pandian ... 3rd Respondent / Defacto Complainant 4.Chinnapandiyan 5.Ramachandran 6.Raja ... Respondents / Victims PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records in connection with Charge sheet in Special S.C.No.31 of 2020, on the file of the Special Court for Trial of Case under SC/ST (POA) Act, Theni and to quash the same in respect to the petitioners.

For Petitioner : Mr.B.Arun For R-1 & R2 : Mr.A.P.G.Ohn Chairma Prabhu Government Advocate (Criminal side) For R3 To R6 : Mr.S.Pradeep

O R D E R

This criminal original petition has been filed to quash the Charge sheet in Special S.C.No.31 of 2020, on the file of the Special Court for Trial of Case under SC/ST (POA) Act, Theni and to quash the same in respect to the petitioners. 1/3

2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioners and the respondents 3 to 6 and also by their respective counsel. The petitioners and the respondents 3 to 6 were also present in person before this Court through video conferencing and they were identified by Mr.Thanga Kannan, Deputy Superintendent of Police, Andipatti. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 4.Under such circumstances, no useful purpose will be served in keeping the proceedings in Special S.C.No.31 of 2020 pending. Furthermore, the offences involved are not compoundable in nature. Hence, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in Special S.C.No.31 of 2020.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Special S.C.No.31 of 2020, on the file of the Special Court for Trial of Case under SC/ST (POA) Act, Theni, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo MPK 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 Court for Trial of Case under SC/ST (POA) Act, Theni 2/3

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aundipatti Theni District.

3.The Inspector of Police, Aundipatti Police Station, Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

21.09.2020 KG(CO) KM (28.09.2020) 3P 5C 3/3