Madras High CourtCRL OP(MD)/11583/2021allowed

Palpandi @ Palpandiyan v. The Inspector Of Police

2021-11-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)Nos. 11583 and 11584 of 2021 In Crl.O.P(MD)No.11583 of 2021 1.Palpandi @ Palpandiyan 2.Chellapackiyam @ Chellabakiyam 3.Chelladurai 4.Gurusamy 5.Marychamy @ Marysamy 6.Marimuthu 7.Puliraj 8.Puliyammal 9.Chinna Marimuthu ... Petitioners/Accused 1 to 9 Vs 1.The Inspector of Police, Kamuthi Police Station, Ramanathapuram district.

(Cr.No.4 of 2021).

... 1st Respondent/Complainant 2.Kasi ... 2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to FIR in Cr.No. 4 of 2021 dated 04.01.2021 on the file 1st Respondent Police and quash the same. In Crl.O.P(MD)No.11584 of 2021 1.Veerachinnu 2.Annadurai 3.Solairaj 4.Parasakthi 5.Kasi 6.Murugan 7.Subbulakshmi 8.Kaliyammal 9.Muthaiya ... Petitioners/Accused 1 to 9 Vs 1.The Inspector of Police, Kamuthi Police Station, Ramanathapuram district.

(Cr.No.3 of 2021).

... 1st Respondent/Complainant 2.Chella Packiyam @ Chellabakiyam ... 2nd Respondent/Defacto Complainant 1/3

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to FIR in Cr.No. 3 of 2021 dated 04.01.2021 on the file 1st Respondent Police and quash the same. In both petitions:

For Petitioners : Mr.G.Vishnuram For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor For R2 : Mr.Senthil Murugan C O M M O N O R D E R Heard the learned counsel on either side.

2.Crime Nos.3 of 2021 and 4 of 2021 were registered on the file of Inspector of Police, Kamuthi Police Station, Ramanathapuram District in connection with the occurrence that took place on 03.01.2021 relating to the local body elections in their village. 3.Both parties are present before this Court. The defacto complainant in Cr.No.3 of 2021 is one Chellapackiyam @ Chellabakiyam, while the defacto complainant in Cr.No.4 of 2021 is one Kasi.

4.Both the defacto complainants have been duly identified by the counsel Mr.Shenbagaraj (Enrolment No.1226/2017). Thiru. Muniasamy, Special Sub Inspector of Police attached to Kamuthi Police Station also duly identified the defacto complainants. 5.The parties have filed a joint compromise memo. They have no objection for giving quietus. No purpose will be served in keeping the prosecution alive. All the parties belong to one political party. I am satisfied that controversy has been given resolved. It is appropriate to quash both the impugned FIRs and they are accordingly quashed.

6.These Criminal Original Petitions are allowed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PNM ENCL: Xerox Copy of Joint Compromise Memo 2/3

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 Inspector of Police, Kamuthi Police Station, Ramanathapuram district.

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

Crl.O.P(MD)Nos.11583 and 11584 of 2021 08.11.2021 KM(CO) GC/NS(23.11.2021) 3P 3C 3/3