Sevugan v. The Inspector of Police

O R D E R

This Criminal Original Petition has been filed seeking to quash the charge sheet in PRC No.37 of 2017 on the file of the learned Judicial Magistrate, Melur, Madurai District.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.03 of 2016 for the offences punishable under Sections 294(b) IPC and sections 3(1)(x) of SC/ST Act, 1989, against the petitioners. There is no compensation received by the defacto complainant from the Government.

¶3The learned Government Advocate (Crl.Side) also verified that no compensation is received by the defacto complainant from the Government and it is a issue between the neighbours.

4.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

¶5The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

¶6Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 11.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in PRC No.37 of 2017 pending on the file of the learned Judicial Magistrate, Melur, Madurai District, is quashed and the compromise memo is recorded.

¶7In the result, the Criminal Original Petition stands allowed and the entire proceedings in PRC No.37 of 2017, pending on the file of the learned Judicial Magistrate, Melur, Madurai District is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

13.12.2023 Index : Yes/No Internet : Yes/No Indu To

1.The Inspector of Police, Keelavalavu Police Station, Madurai District.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN. J. Indu

13.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Sevugan 2.Maruthayi 3.Jeyabal 4.Jeya kodi ... Petitioners/Accused Nos.1 to 4 Vs. 1.State Represented by The Inspector of Police, Keelavalavu Police Station, Madurai District. (Cr.No.03/2016) ...1st Respondent/Complainant 2.Amutha ...2nd Respondent/Defacto Complainant 3.The Deputy Superintendent of Police, Melur, Madurai District. ...3rd Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in the above PRC No.37 of 2017 on the file of the learned Judicial Magistrate, Melur, Madurai District and quash the same. For Petitioners : Mr.B.Santhanam Rajesh Kumar For R1 and R3 : Mr.M.Sakthi kumar Government Advocate (Crl.side) For R2 : Mr.S.Sathya Chidambaram