Maruthu @ Periyamaruthu v. The Deputy Superintendent Of Police (Pcr Wing)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.15364 of 2021 1.Maruthu @ Periyamaruthu 2.Santhanabharathi 3.Karthik @ Karthikeyan 4.Gopi @ Gopinath 5.M.Balamrugan 6.Sriram Kaleeshwaran 7.Raju @ Rajkumar 8.Senthilvel @ Senthil Pandiyan 9.Ananth 10.Sumith @ Poovendhira Raja 11.Balamurugan 12.Ravichandran 13.Vinithkumar 14.Selvam 15.Mayan ... Petitioners Vs.
1.The Deputy Superintendent of Police, Madurai, Madurai District.
2.The Inspector of Police, Alanganallur Police Station, Madurai.
In Crime No.602 of 2017 3.Ramamoorthy 4.Ranjith 5.Jothipasu .. Respondents 1/3
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to quash the charge sheet in Spl.S.C.No.123 of 2019 on the file of the 3rd Additional District Court (PCR) Madurai, Madurai District and quash the same. For Petitioners : Mr.R.Babu Jaganath For R1 & R2 : Mr.R.M.S.Sethuraman Additional Public Prosecutor For R3 to R5 : Mr.S.Karthikeyan
ORDER
This Criminal Original Petition has been filed seeking to quash the charge sheet in Spl.S.C.No.123 of 2019 on the file of the learned 3rd Additional District (PCR) Madurai. 2.The contention of the petitioners is that based upon the complaint lodged by the 3rd respondent, the 2nd respondent registered the First Information Report in Crime No.602 of 2017 for the offences punishable under Sections 147, 148, 294(b), 324 and 506(ii) of IPC and Section 3 (2) (va) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 against the petitioners. 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 2nd respondent and also by their respective counsels.
4.The petitioners and the 3rd respondent appeared through video conference from the Office of the Additional Public Prosecutor 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.
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, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Spl.S.C.No.123 of 2019 pending on the file of the learned 3rd Additional District Court (PCR) Madurai, Madurai District is quashed and the compromise memo is recorded. 2/3
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Spl.S.C.No.123 of 2019, pending on the file of the learned 3rd Additional District Court (PCR) Madurai, Madurai District is hereby quashed and the terms of joint compromise memo shall form part of this order.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mm ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.
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 III Additional District Judge (PCR), Madurai. 2.The Deputy Superintendent of Police, Madurai, Madurai District.
3.The Inspector of Police, Alanganallur Police Station, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
02.11.2021 nsn(CO) TR(09.12.2021) 3P 5C 3/3