Samson Paulraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL. O.P.(MD). No.13506 of 2023 and Crl.M.P.(MD)No.10540 of 2023

1. Samson Paulraj

2. Santhosh @ Asariah Santhosh

3. Samuvel Gunaseelan

4. Issac Devasingam ... Petitioners Vs.

1. The Inspector of Police Perumalpuram Police Station, Tirunelveli District, Crime No.380/2016.

2. Pannan Salomon ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the records pending in C.C.No.360 of 2016 on the file of the learned Judicial Magistrate No.I Tirunelveli and quash the same as against these petitioners.

For Petitioners : Mr.S.Chellapandian For Respondents : Mr.A.Albert James Government Advocate (Crl.Side)for R1 : Mr.S.V.Mayakannan for R2

ORDER

This Petition is filed to quash the case in C.C.No.360 of 2016 on the file of the learned Judicial Magistrate No.I Tirunelveli.

2. The learned counsel for the petitioners seeks to quash the case on compromise.

3. The joint compromise memo is taken on file. The parties were enquired by this Court and they seemed to understand the import of the joint compromise memo and the defacto complainant does not want to press the case.

4. It can be seen that the allegations are in the nature of threat, which is in the context of conflict, which arose during the administration of the affairs of the Church. Therefore, by following the dictum of the Honourable Court of India in in Gian Singh V. State of Punjab & Another reported in 2012(10) SCC-303, I am of the view that this dispute is private in nature and is fit to be case for exercise of powers under section 482 of the Code of Criminal Procedure.

5. In view thereof, this Criminal Original Petition stands allowed the case in C.C.No.360 of 2016 on the file of the learned Judicial Magistrate No.I, Tirunelveli, shall stand quashed. The joint compromise memo shall part and parcel of the order. Consequently, connected Miscellaneous Petition is closed.

12.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO

1. The Inspector of Police Perumalpuram Police Station, Tirunelveli District.

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

3. The Judicial Magistrate No.I , Tirunelveli.

D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) No.13506 of 2023 Date : 12.09.2024