Karpagakani v. The Inspector Of Police

Crl.MP(MD)Nos.14418 of 2023 and 16282 of 2024 N.ANAND VENKATESH , J The learned counsel for the petitioners brought to the notice of this Court that the counsel for the petitioners in Crl.OP(MD).Nos.14418 of 2023 has been inadvertently typed as Mr.M.Ramu instead of Mr.S.P.Veerapandi. Hence, these matters have been listed today under the caption "for being mentioned".

2. Registry is directed to carry out the above said correction in the order dated 18.12.2024 in Crl.OP(MD).No.14418 of 2023 and issue fresh order copy.

24.03.2025 KP 1/8

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) Nos.14418 of 2023 and 16282 of 2024 and Crl.M.P.(MD) Nos.11348 and 11349 of 2023, 10260 and 10258 of Crl.O.P.(MD) No.14418 of 2023 1.Karpagakani 2.Devakaruvammal 3.Lavanya 4.Ponmadathi ... Petitioners Vs.

1.The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

(Crime No.83/2020).

2.Susila .... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.214 of 2022 on the file of the learned Judicial Magistrate, Sankarankovil and quash the same.

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For Petitioner : Mr.M.Ramu For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl Side) for R1 Mr.B.Azhagesh for R2 Crl.O.P.(MD) No.16282 of 2024 1.Susila 2.Sankaralingam 3.Valliammal 4.Boopathy 5.Manimehalai 6.Karthika ... Petitioners Vs.

1.The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

2.Anantharaj .... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in S.C.No.145 of 2022 on the file of the Sub-Court, Sankarankovil and quash the same. For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl Side) for R1 3/8

COMMON ORDER These petitions have been filed seeking to quash the proceedings in S.C.No.145 of 2022 pending on the file of the Sub-Court, Sankarankovil and C.C.No.214 of 2022, on the file of the learned Judicial Magistrate, Sankarankovil.

2.Heard the learned counsel for the petitioner, the learned Government Advocate appearing on behalf of the first respondent and the learned counsel appearing for the second respondent. 3.In the instant case, there was a previous enmity between the parties. On the date of occurrence, both the parties had attacked each other and as a result, for the same incident, two FIRs came to be registered in Crime Nos.82 and 83 of 2020. On completion of investigation, Crime No.82 of 2020 resulted in S.C.No.145 of 2022. Insofar as Crime No.83 of 2020, it resulted in C.C.No.214 of 2022 pending on the file of the learned Judicial Magistrate, Sankarankovil. 4/8

4.In the considered view of this Court, the entire dispute had taken place in the spur of the moment considering the fact that both the parties had a previous enmity. When this Court specifically asked the counsel appearing in both the cases as to whether this Court can proceed to quash both the proceedings in order to bring a final settlement, both counsels submitted that in the interest of the parties, any orders can be passed by this Court.

5.In the considered view of this Court, if the trial is conducted in this case, then the case and counter-case has to go before the same trial Court and the trial must be conducted in line of the Full Bench in T.Balaji and another v. The State, reported in 2024-2-L.W. (Crl.)175.

6.Both the parties have now stated that both the proceedings can be quashed and thereby, the entire criminal proceedings can be brought to an end.

7.In the light of the above stand taken by both sides and 5/8

after considering the submissions made on either side, this Court is inclined to exercise its jurisdiction under Section 482 of Cr.P.C. to quash the proceedings in S.C.No.145 of 2022 on the file of the Sub-Court, Sankarankovil and C.C.No.214 of 2022 on the file of the learned Judicial Magistrate, Sankarankovil and the same is quashed in its entirety for all the accused persons.

8.In the result, these Criminal Original Petitions stand allowed. Consequently, connected miscellaneous petitions are closed. 18.12.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To 1.The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

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

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N.ANAND VENKATESH,J.

PKN Dated: 18.12.2024 8/8