Eswaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 27.09.2023 Delivered on 29.09.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN 1.Eswaran 2.Balaji 3.Bala @ Balasubramaniyan ... Petitioners/ Accused No.1 to 3 Vs.

1. The Deputy Superintendent of Police, Sivakasi Taluk, Virudhunagar District.

2.The State rep.by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

3.Poomari ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of the complaint in Spl.S.C.No.51 of 2023 on the file of the Special Court SC/ST (POA) Act, 1/9

Srivilliputhur, for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC r/w. 3(1)(r), 3(2)(va) of SC/ST (POA) Act, 1989 and quash the same.

For Petitioner : Mr.S.Atham Ali For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1 and R2 Mr.I.Kalantar Aasik Ahamed for R3

O R D E R

This petition has been filed seeking quashment of charge sheet in Spl.S.C.No.51 of 2023 on the file of the Special Court SC/ST (POA) Act, Srivilliputhur.

2. The case of the prosecution is that on 10.05.2023, the petitioners who are the relatives of the defacto complainant attacked the defacto complainant and abused him in filthy language and used utter words against the defacto complainant's caste and on a complaint given by the defacto complainant, a case has been registered by the second respondent police in Crime No.165 of 2023, for the offences punishable under 2/9

Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC and Sections 3(1)(r) and 3(2)(va) of SC/ST (POA) Act, 1989, against the petitioners. After completion of investigation, the second respondent Police have filed the final report and the same was taken on file in Spl.S.C.No.51 of 2023 by the learned Special Judge, SC/ST (POA) Act, Srivilliputhur, for the offence punishable under Sections 294(b), 323, 324 and 506(ii) IPC r/w. 3(1)(r), 3(2)(va) of SC/ST (POA) Act, 1989.

3. It is submitted by the learned counsel for the petitioners/accused No.1 to 3 as well as the third respondent/defacto complainant that the parties have compromised the disputes between them amicably before the High Court Legal Services Committee attached to this Court and the settlement agreement was also duly signed by the parties and also by their respective counsel has been filed before this Court and thereby sought for quashing the FIR on the basis of compromise.

4. In the case of Ramgopal and Ors. v. The State of Madhya Pradesh, reported in 2021 (6) CTC 240, the Hon'ble Supreme Court of India reiterated the exercise of powers under Section 482 of the Code of 3/9

Criminal Procedure to quash the criminal proceedings in respect of noncompoundable offences. The relevant paragraphs read as under:- "18. It is now a well crystalized axiom that plenary jurisdiction of this Court to impart complete justice under Article 142 cannot ipso facto be limited or restricted by ordinary statutory provisions. It is also noteworthy that even in the absence of an express provision akin to Section 482 Cr.P.C. conferring powers on the Supreme Court to abrogate and set aside criminal proceedings, the jurisdiction exercisable under Article 142 of the Constitution embraces this Court with scopious powers to quash criminal proceedings also, so as to secure complete justice. In doing so, due regard must be given to the overarching objective of sentencing in the criminal justice system, which is grounded on the sub-lime philosophy of maintenance of peace of the collective and that the rationale of placing an individual behind bars is aimed at his reformation.

19. We thus sumup and hold that as opposed to 4/9

Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences 'compoundable' within the statutory framework, the extraordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the accused and the victim; & (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations."

5. The High Court Legal Services Committee attached to this Court was directed to verify the identities of the defacto complainant and the accused with reference to the acceptable identity cards like Aadhar Card etc. and also make an informal inquiry as to whether the defacto 5/9

complainant has been accepting for compromise voluntarily. Accordingly, the Officer in-charge of the High Court Legal Services Committee/ Registrar (Judicial) sent a report after verifying their identities.

6. It is stated by learned counsel for the parties that at the intervention of family members and elders of both parties, the dispute between the petitioners/accused and the third respondent/defacto complainant has been settled amicably.

7. Considering the fact that the petitioners and the third respondent/defacto complainant have settled their disputes amicably, this Court is of the opinion that no useful purpose will be served by keeping the matter pending in order to make the complete justice, the compromise between the petitioners/accused No.1 to 3 and the defacto complainant can be recorded thereby inclined to quash all further proceedings in SPL.S.C.No.51 of 2023 pending on the file of the Special Court SC/ST (POA) Act, Srivilliputhur.

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8. In the result, this Criminal Original Petition is allowed and the entire proceedings in SPL.S.C.No.51 of 2023 pending on the file of the Special Court SC/ST (POA) Act, Srivilliputhur, is hereby quashed. The compromise memo is recorded and the same shall form part of this order. 29.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb 7/9

To 1.The Special Court SC/ST (POA) Act, Srivilliputhur.

2. The Deputy Superintendent of Police, Sivakasi Taluk, Virudhunagar District.

3.The State rep.by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

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DR.D.NAGARJUN,J ssb Dated: 29.09.2023 9/9