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Madras High CourtCRL OP(MD)/13922/2023allowed

Ramesh Karthi v. The Deputy Superintendent Of Police

2023-11-01Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13922 of 2023 1.Ramesh Karthi 2.Gopalakrishnan

...Petitioners / Accused No.1 - 3

Vs.

1.The Deputy Superintendent of Police, Trichy District.

2.The State rep. by, The Inspector of Police, Somarasampettai Police Station, Trichy District.

(In Crime No.366 of 2022) 3.Valarmathi

...Respondent / Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to FIR in Crime No.366 of 2022 dated 19.11.2022 on the file of the Inspector of Police, Somarasampettai Police Station, Trichy District and quash the same as against the petitioner. 1/5

For Petitioner :Mr.T.Navaneethakrishnan For Respondent :Mr.M.Vaikkam Karunanithi for R1 Government Advocate (Crl. Side) :Mr.A.Sakthivelan for R3 O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.366 of 2022 on the file of the 1st respondent police.

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.366 of 2022 for the offences punishable under Sections 294(b), 323, 506(ii) of IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, against 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.

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4. The matter was compromised between the parties on 12.10.2023 and both the parties appeared before this Court. On that date, the learned Government Advocate (Crl.side) was required to verify whether any compensation amount was received by the defacto complainant. Hence, the matter was adjourned to today(01.11.2023). Today, it is submitted that no such amount was received by the defacto complainant as compensation. The said statement is recorded.

5. The petitioners and the 2nd 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.

6. 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 06.10.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further 3/5

proceedings in Crime No.366 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

7. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.366 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 01.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To 1.The Deputy Superintendent of Police, Trichy District.

2. The Inspector of Police, Somarasampettai Police Station, Trichy District. (In Crime No.366 of 2022) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

pnn Crl.O.P.(MD)No.13922 of 2023 01.11.2023 5/5