N.S. Mani v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No.14250 of 2021 and Crl.M.P(MD).No.7466 of 2021 1.N.S.Mani 2.R.Alagar Pandi 3.M.K.Murugan 4.Sakthivel 5.Mariappan 6.Chinnaiah 7.Arumugam 8.Chinnasamy 9.Thangam Vengatesh @ Thangam ... Petitioners / accused 1 to 8 & 10 Vs.

1.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

2.The Inspector of Police, Samayanallur Police Station, Madurai District.

(Crime No.319 of 2019) ... Respondents 1 & 2 / complainants 3.Arumugam .. 3rd respondent / defacto complainant PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records in Spl.S.C.No.29 of 2021 on the file of the III Additional District Court (PCR), Madurai and quash the same as against the petitioners. 1/6

For Petitioners : Mr.P.T. Ramesh Raja For Respondents 1 and 2: Mr.R.M.Anbunithi Additional Public Prosecutor For respondent No.3 : Mr. C. Susikumar

O R D E R

This Criminal Original Petition has been filed to call for the records in Spl.S.C.No.29 of 2021 on the file of the III Additional District Court (PCR), Madurai and quash the same as against the petitioners.

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.319 of 2019 and thereafter, the case has been charge sheeted in Spl.S.C.No.29 of 2021 on the file of the III Additional District Judge (PCR), Madurai for the offences punishable under Sections 294(b), 506(i), 354, 109 IPC and Section 3(1)(r) and 3(1) (zc) of SC/ST Act.

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 2/6

and the 2nd respondent and also by their respective counsels. He further contended that already a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) has been received by the 3rd espondent / defacto complainant as compensation.

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.

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 15.04.2024, 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.29 of 2021 on the file of the III Additional District Court (PCR), Madurai in respect of the petitioners.

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6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Spl.S.C.No.29 of 2021 on the file of the III Additional District Court (PCR), Madurai, is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. The compensation amount received by the 3rd respondent to be refunded to the concerned Adi Dravidar Welfare Department within a week from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petition is closed.

26.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To

1. The III Additional District Court (PCR), Madurai

2. The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai District.

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

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5. The Adi Dravidar Welfare Department, Madurai A.A.NAKKIRAN, J.

Trp Crl.O.P(MD).No.14250 of 2021 and Crl.M.P(MD).No.7466 of 2021 5/6

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