Balamurugan v. The Inspector of Police

O R D E R This criminal original petition has been filed seeking quashment of the PRC No.8 of 2015 on the file of the Judicial Magistrate/Additional Mahila Court, Madurai.

2.The case of the prosecution is that due to worshipping dispute in the temple, two parties belongs to the same community fought with each other, in which, both parties injured. This case has been registered in Crime No.134 of 2022 for the offences under sections 147, 148, 324, 341, 294(b), 307 IPC and section 4 of the TNPHW Act against these petitioners and others. After completing the investigation, final report was filed and it was taken cognizance in PRC No.8 of 2015 by the Judicial Magistrate/Additional Mahala Court, Madurai.

3.Seeking quashment of the same, this petition has been filed by the petitioners on the ground that it is a case and counter; on the basis of the complaint given by one of the victim, a case in Crime No.135 of 2012 against the de-facto complainant's party for the offences under sections 147, 148, 324, 341, 294(b) and 307 IPC and section 4 of TNPHW Act and it was taken cognizance in PRC No.9 of 2015 by the Judicial Magistrate/Additional Mahila Court, Madurai and that was quashed by this court in Crl.OP(MD)No.4368 of 2020, dated 16/03/2020.

4.Heard both sides.

5.Even though there is no representation for the 2nd respondent, the learned Government Advocate (Criminal side) would submit that it is a case and counter and the counter party filed petition seeking quashment of the criminal prosecution initiated against them in Crl.OP(MD)No.4368 of 2000 and that was allowed, on 16/03/2020.

6.In view of the compromise that has been reached in the counter case namely Crl.OP(MD)No.4368 of 2020, dated 16/03/2020, the very same benefit can be extended to the petitioners also, who is stated to be the accused in the complaint given by the second respondent herein.

7.In view of that, this criminal original petition stands allowed. The impugned PRC No.8 of 2015 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai is hereby quashed as against the petitioners.

12/06/2023 Index:Yes/No Internet:Yes/No er To,

1.The Judicial Magistrate, Additional Mahila Court, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN, J er Crl.OP(MD)No.7037 of 2023 12/06/2023

Crl.O.P.(MD)No.7037oofo2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12/06/2023 CORAM The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.7037 of 2023 1.Balamurugan 2.Kesavan 3.Vijayan 4.Vijayakumar 5.Narayanan 6.Jeyaraman 7.Manikandan @ Manikanda Prabu 8.Sivakumar 9.Rajasekar 10.Balu 11.Arumugam 12.Matchakalai 13.Malaiyan 14.Kumar 15.Thavaraja 16.Veera Manikandan 17.Sathishkumar @ Sathishkannan 18.Balasanthar @ Balachandran 19.Veera Ganabathy @ Ganabathy 20.Ramachandran 21.Prabu @ Prabakaran 22.Manimaran 23.Manickaraja 24.Ramachandran 25.Mahendran 26.Palanichamy 27.Vettaikaran 28.Pandiselvi 29.Murugeswari 30.Latha 31.Easwari 32.Pappu 33.Vellaiammal 34.Pitchaiammal 35.Karuppayee 36.Annal 37.Panchavarnam 38.Alagunatchi @ Arianatchi 39.Maheswari 40.Panju 41.Muthupillai 42.Meena : Petitioners/A1 to A11, A13, A16 to A26, A28, A30 to A47 Vs. 1.The State: Represented by its Inspector of Police, Silaiman Police Station, Madurai. (Crime No.134 of 2012) : R1/Complainant 2.Jeyamani : R2/De-facto Complainant PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records in PRC No.8 of 2015 on the file of the Judicial Magistrate/Additional Mahila Court, Madurai and to quash the same and pass such further or other orders. For Petitioners : Mr.V.Karuna For 1st Respondent : Mr.R.Suresh Kumar Government Advocate (Criminal side)