Ranjith Kumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.23069 of 2022 Ranjith Kumar ... Petitioner Vs.

1. The Deputy Superintendent of Police, Vallioor Division, Tirunelveli District (Crime No. 74 of 2018)

2. Sudalimani ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the records pertaining to charge sheet in S.C.No. 117 of 2018 for offence U/s. 341 294(b) 506(2) of IPC and Sec. 3(1)(r) and Sec. 3(1)(s) of SC/ST (POA) Amendment on the file of the II Additional District Court (PCR) Court Tirunelveli (Crime No.74 of 2018) and quash the same. For Petitioner : Mr.S.R.Anbarasu For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side)for R1 : Mr.V.Angusamy for R2

ORDER

This Petition is filed to quash the charge sheet in S.C.No. 117 of 2018 on the file of the II Additional District Court (PCR) Court Tirunelveli.

2. The learned counsel for the petitioner seeks to quash the case on compromise. A joint compromise memo was taken on file.

3. Today, the matter was posted only for verification, as to whether any compensation amount is paid and received by the defacto complainant. The learned the Government Advocate (Criminal side) would file a report that no such compensation was paid to the defacto complainant.

4. On a perusal of the F.I.R as well as the statement of the witnesses, it can be seen that the instant case, is in the nature of the election dispute and only for calling the caste names, the SC/ST Act is invoked. Therefore, on consideration of the overall facts and circumstances of the case, I am of the view that this is a fit case, where

this Court can invoke its inherent power under Section 482 of the Code of Criminal Procedure, as per the dictum of the Honourable Supreme Court of India in Gian Singh vs State of Punjab & Another reported in 2012(10) SCC-303, as essentially the dispute is private in nature between two candidates, who are contesting in the election.

5. In view thereof, this Criminal Original Petition stands allowed the case in in S.C.No. 117 of 2018 on the file of the II Additional District Court (PCR) Court Tirunelveli, shall stand quashed. The joint compromise memo shall form part and parcel of this order. 12.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO

1. The Deputy Superintendent of Police, Vallioor Division, Tirunelveli District.

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

3.The II Additional District Court (PCR) Court, Tirunelveli.

D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) No.23069 of 2022 Date : 12.09.2024