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2024 DIGILAW 529 (MAD)

Anandhan v. Inspector of police, Natham Police Station Dindigul

2024-03-06

M.DHANDAPANI

body2024
ORDER : (Prayers: Criminal Original Petitions are filed under Section 482 of Cr.P.C, to call for the records relating to the chargesheet in Spl.S.C.No.23 of 2022 on the file of the Special Court for SC/ST cases, Dindigul and quash the same as the matter is amicably settled between the parties. Criminal Original Petitions are filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.146 of 2022 on the file of the 1st respondent and quash the same as the matter is amicably settled between parties.) 1. These petitions have been filed to quash the proceedings in chargesheet in Spl.S.C.No.23 of 2022 on the file of the Special Court for SC/ST cases, Dindigul and FIR in crime No.146/2022 on the file of the respondent police. 2. It is the case of the petitioners in both the petitions that due to previous enmity, it is alleged that the petitioners in Crl.O.P(MD) No. 11621/2022 have given complaint against the accused persons, viz., the petitioners in Crl.O.P.(MD) No.18398/2022 and in turn, the petitioners in Crl.O.P.(MD) No.18398/2022 have given complaint against the petitioners in Crl.O.P(MD) No.11621/2022. The complaint given by the petitioners in Crl.O.P.(MD) No.18398/2022 has been registered in Crime No.09/022 and on completion of investigation, in the said case, chargesheet has been filed in Spl.S.C.No.23 of 2022 on the file of the Special Court for SC/ST cases, Dindigul, for offences under Sections 147, 294(b), 323, 506(i) IPC and Sections 3(i)(r), 3(i)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, for quashing which, they are before this court. Similarly, the complaint given by the petitioners in Crl.O.P.No. 11621/2022 has been registered in Crime No.146/2022 for offences under Sections 34, 294(b), 323, 324, 326, 506(II) and 307 IPC. 3. When the matters were taken up for hearing today, the learned counsel for the petitioners in both the petitions would submit that since the dispute has been amicably settled between the parties, these petitions have been filed to quash the aforesaid proceedings and the case pending before the respondent police. Hence, they pray for appropriate directions. 4. Heard the learned Government Advocate (Crl. Side) on the submissions made by the learned counsel for the petitioners in both the petitions. 5. Hence, they pray for appropriate directions. 4. Heard the learned Government Advocate (Crl. Side) on the submissions made by the learned counsel for the petitioners in both the petitions. 5. Since it is a case and counter, the cases have rightly been registered against the petitioners and investigation was conducted and chargesheet has been filed in Spl.S.C.No.23 of 2022 on the file of the Special Court for SC/ST cases, Dindigul and in Crime No.146/2022, investigation is on. While so, parties themselves have amicably settled the dispute among themselves. 6. It is also to be noted that when these petitions came up on 18.12.2023, the following order was passed: “Even though the offences is heinous in nature, the victim has now recovered. Over the election issue between the parties, this occurrence has been took place. There is counter case also has been registered. However, now the parties have entered into compromise. The parties are present before this Court. Enquired by this Court. Joint compromise memo, duly signed by the parties as well as their counsel, was also filed before this Court. 2. The victim has received Rs.90,000/- (Rupees Ninety Thousand only) as compensation from the Government. It has to be returned by him. 3. The competent authority namely the Chairman, Aadi Diravidar Welfare Committee, Office of the District Collectorate, Dindigul District, is required to issue challan to the petitioner namely Chandran in Crl.O.P.(MD).No. 18398 of 2023, for making the remittance. Let the order copy also be sent to the above said authority by the Registry. 4. List the matter on 08.01.2024 for reporting compliance. The personal appearance of the parties before this Court in future is dispensed with.” 7. The learned counsel for the petitioners in both the petitions would submit that pursuant to the directions of this court, the complainant in Crl.O.P.(MD) No.11621/2022 has repaid a sum of Rs.90,000/- to the competent authority, ie., the Chairman, Adi Dravidar Welfare Committee, Dindigul District and a remittance challan to that effect has also been obtained. To that effect, a compliance report has also been filed. 8. Considering the nature of allegations and in view of compromise arrived at between the parties, this Court is of the opinion that no useful purpose would be served in keeping the matters pending. To that effect, a compliance report has also been filed. 8. Considering the nature of allegations and in view of compromise arrived at between the parties, this Court is of the opinion that no useful purpose would be served in keeping the matters pending. Therefore, the proceedings in Spl.S.C.No.23 of 2022 on the file of the Special Court for SC/ST cases, Dindigul and the case in crime No. 146/2020 pending on the file of the respondent police, in respect of the petitioners/accused alone in both the petitions, are hereby quashed. 9. Accordingly, these Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties. The compliance report dated 08.01.2024 shall form part of this order.