Pandi @ Palpandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14401 of 2021 1.Pandi @ Palpandi 2.Arul @ Arunpandiyan ... Petitioners / A1 and A2 Vs.
1.The State represented by its Inspector of Police, Sindhupatti Police Station, Madurai District.
Crime No.13 of 2016.
... Respondent/Complainant 2.Muniyandi ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in Spl.S.C.No.33 of 2021 on the file of the III Additional District Court (PCR), Madurai and quash the same as against the petitioners. For Petitioners : Mr. S. Sivakumar For R1 : Mr. K. Sanjai Gandhi Government Advocate(Crl.Side) For R2 : Mr.L.Jeen Felix
ORDER
This Criminal Original Petition has been filed seeking to quash the charge sheet in Spl.S.C.No.33 of 2021 on the file of the III Additional District Court (PCR), Madurai.
2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.33 of 2021 for the offences punishable under Sections 294(b), 323 IPC and 3(2) (va), the Schedule Caste and the Schedule Tribes (Preventions of Atrocities) Amendment Act, 2015, against the petitioners. It appears that the defacto complainant and the accused persons are residing in the same village and the second respondent is maintaining the cordial relationship each of them and considering the future of the 1/3
petitioners, the defacto complainant wanted to compromise the matter with the petitioners.
3.The further contention of the petitioners is that they compromised the issue with the 2nd 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 2nd respondent appeared through video conference from the Office of the Additional Public Prosecutor (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor (Crl.Side) 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, dated 16.09.2021, 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.33 of 2021 pending on the file of the III Additional District Court (PCR), Madurai is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Spl.S.C.No.33 of 2021, pending on the file of the learned III Additional District Judge (PCR), Madurai is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) trp Encl:-Photocopy of Compromise Memo Attached.
To 1.The IIIrd Additional District Judge(PCR), Madurai.
2.Inspector of Police, Sindhupatti Police Station,Madurai District.
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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-33614[F] dated 02/11/2021 ) Crl.O.P.(MD) No.14401 of 2021 2.11.2021 MGJ(07.12.2021) 3P 5C 3/3