Ramaiah @ Ramaiah Pandi v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.(MD)No.14380 of 2023 1.Ramaiah @ Ramaiah Pandi 2.Ponnusamy 3.Thangaraj @ Thangaraj Pandian 4.Murugan @ Murugaiah Pandian 5.Kotturan @ Kottursamy 6.Mullai Venthan 7.Maruthiah Pandi 8.Mahendran 9.Chandran 10.Pandiaraja @ Pandi 11.Chinnsamy 12.Samuthiram 13.Kanagaraj 14.Selvakumar @ Kannadi @ Selvaraj 15.Kasi Pandi 16.Velmurugan ... Petitioners/A1 to 5, 7 to 16 & 18 vs.
1.The Deputy Superintendent of Police, Crime No.234 of 2020.
... 1st Respondent/Complainant 2.Sami ... 2nd Respondent/Defacto Complainant 3.Manikandan 4.Manikandan ... Respondents 3 & 4/LW6 & 7 1/6
Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records in the case in S.C.No.99 of 2020 on the file of the II Additional District Court (PCR), Tirunelveli and quash the same as illegal, violation of law.
For Petitioners : Mr.M.Jothi Basu For Respondents : Mr.A.Albert James Government Advocate (Crl. side) for R1 M/s.D.Thilagarani for R2 to R4 Crl.O.P.(MD)No.14610 of 2023 1.Manikandan 2.Manikandan ... Petitioners/A1 & A2 vs.
1.The Sub-Inspector of Police, Crime No.235 of 2020.
... 1st Respondent/Complainant 2.Murugan @ Murugaiah Pandian ... 2nd Respondent/Defacto Complainant Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records in the case in C.C.No.180 of 2021 on the file of the Additional District Munsif cum Judicial Magistrate Court, Sivagiri, Tenkasi District and quash the same as illegal, violation of law. 2/6
For Petitioners : M/s.D.Thilagarani For Respondents : Mr.A.Albert James Government Advocate (Crl. side) for R1 Mr.M.Jothi Basu for R2 COMMON ORDER These petitions are filed to quash the case on compromise. The case in Crime No.234 of 2020 was registered for the alleged offences under Sections 147, 148, 341, 294(b), 324, 307 and 506(2) of IPC, Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Similarly, the other case is a counter case which was registered in Crime No.235 of 2020 for the alleged offences under Sections 341, 294(b) and 506(ii) of IPC. It is alleged in both cases that two groups belonging to two communities in the village attacked each other and caused injuries. It is now submitted that subsequently peace has prevailed in the village and both the groups had found truce. Therefore, when the matter came up for the hearing earlier and a joint memo of compromise was filed, my 3/6
predecessor, passed an order on 13.10.2023, by recording the appearance of the parties and directing them to refund the compensation amount, which is received from the government.
2.Today, it is reported that the said amount has been refunded. In view thereof, considering the nature of the allegations and considering that now without any communal hatred, both groups are residing peacefully in the village, I am inclined to accept the prayers made in both the criminal original petitions.
3.Accordingly, these Criminal Original Petitions are allowed and the proceedings in S.C.No.99 of 2020 on the file of the II Additional District Court (PCR), Tirunelveli as well as C.C.No.180 of 2021 on the file of the Additional District Munsif cum Judicial Magistrate Court, Sivagiri, Tenkasi District, shall stand quashed.
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To 1.The II Additional District Court (PCR), Tirunelveli. 2.The Additional District Munsif cum Judicial Magistrate Court, Sivagiri, Tenkasi District.
3.The Deputy Superintendent of Police, 4.The Sub-Inspector of Police, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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D.BHARATHA CHAKRAVARTHY, J.
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