Muthuraman v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Muthuraman 2.Balu @ Balamurugan 3.Seeman 4.Manomaniyan 5.Murali 6.Poobalan 7.Ramkumar 8.Palanisami 9.Murugesan 10.Ravi @ Society Ravi 11.Gokul 12.Gowshik 13.Karthick 14.Lingam 15.Vijay 16.Dharma @ Dharamaraj 17.Ponmani 18.Oviyam @ Oviya lingam ... Petitioners/Accused No.1 to 9, 11 to 16 & 18 to 20 Vs.

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1.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

2.State represented by the Sub Inspector of Police, Keelavalavu Police Station, Madurai District.

(In Crime No.202 of 2021) ... Respondents 1 & 2/Complainants 3.Ramki ... 3rd Respondent/Defacto Complainant 4.Murali 5.Rajendiran 6.Nallammal .. Respondents 4 to 6/Injured persons 7.Sathish Kumar .. Respondent/Accused No.10 Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records and quash the entire proceedings in Crime No.202 of 2021 on the file of the Inspector of Police, Keelavalavu Police Station, Madurai District, against the petitioners are concerned.

For Petitioners : Mr.R.Aravindraj For Respondents 1 & 2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed to quash the Crime No.202 of 2021 on the file of the Sub-Inspector of Police, Keelavalavu Police Station, Madurai District.

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2.In this matter, the 10th accused in the First Information Report shown as 7th respondent in this petition. He is also appeared before this Court and signed in the compromise memo. It is seen that the 17th accused in the First Information Report, by name, Vishva is not a known person. He is a stranger and he was not available in the Village. To that effect, the petitioners have also filed an affidavit.

3, The defacto complainant also stated that he is not known to him and no such person is available in the Village. At the time of giving compliant, the name of the 17th accused was given by the some other person, who was available in the place of occurrence, since the defacto complainant was admitted in the hospital.

4. The second respondent shall make enquiry on that ground and file proper record before the Concerned Court.

5.The contention of the petitioners and the private respondents is that based on the complaint lodged by the third respondent, the second respondent registered First Information Report in Crime No.202 of 2021 for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(i) of IPC and Section 3 (1) (r) , 3(1)(s) and 3(2)(va) of Scheduled Caste 3/6

and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, against the petitioners.

6.The further contention of the petitioners is that they compromised the issue with the private respondents amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the private respondents and also by their respective counsels. 7.The petitioners and the private respondents appeared in person before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and Mr.C.Balamurugan, Sub-Inspector of Police, Keelavalavu Police Station, Madurai District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

8.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 28.07.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.202 of 2021 pending on the file of the 4/6

Sub-Inspector of Police, Keelavalavu Police Station, Madurai District, is quashed and the compromise memo is recorded.

9.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.202 of 2021, pending on the file of the the Sub-Inspector of Police, Keelavalavu Police Station, Madurai District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 29.07.2021 Index : Yes/No Internet:Yes/No dss 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 Deputy Superintendent of Police, Melur Sub Division, Madurai District.

2.The Sub Inspector of Police, Keelavalavu Police Station, Madurai District.

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

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G.ILANGOVAN, J., dss 29.07.2021 6/6