S.Karthick v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7936 of 2023 1.S.Karthick 2.S.Boominathan ... Petitioners Vs.

1.The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

2.The State rep. by The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

3.Rajapandi ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the SPL.S.C.No.12 of 2023 pending on the file of the Special Court for Trial of Cases RU/SC/ST (POA) Act Ramanathapuram and quash the same.

For Petitioners : Mr.S.Bharathi For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in SPL.S.C.No.12 of 2023 pending on the file of the Special Court for Trial of Cases RU/SC/ST (POA) Act Ramanathapuram. 2.The contention of the petitioners is that based on the complaint lodged by the 3rd respondent, the 2nd respondent registered the First Information Report in Crime No.286 of 2022 for the offences punishable under Sections 341, 294(b), 323 and 506(i) of IPC and r/w 3(1)(r), 3(1)(s) of SC/ST (POA) Act, 1989, against the petitioners. It appears that there is a small issue between the parties.

3.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 third respondent and also by their respective counsels.

4.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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 2/5

5.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 27.12.2022, 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 SPL.S.C.No.12 of 2023 pending on the file of the Special Court for Trial of Cases RU/SC/ST (POA) Act Ramanathapuram, in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in SPL.S.C.No.12 of 2023 pending on the file of the Special Court for Trial of Cases RU/SC/ST (POA) Act Ramanathapuram, 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.

27.04.2023 Index : Yes/No Internet:Yes/No tta 3/5

To 1.The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

2.The State rep. by The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

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

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G.ILANGOVAN, J., tta Crl.O.P.(MD)No.7936 of 2022 27.04.2023 5/5