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.1240 of 2023 and Crl.M.P.(MD)Nos.1097 & 1099 of 2023

1. G.Sundaram

2. S.Suganya

3. S.Govindarajan ... Petitioners Vs.

1. The Inspector of Police Singampunari Police Station, Singampunari, Sivagangai District.

2. Raja

3. The Deputy Superintendent of Police, Thiruppathur Dsp Office, Thiruppathur,Sivagangai District.

(R3 is impleaded as per order of the Court dated

03/02/2023 in Crl.M.P(MD)1836 of 2023)

4. R.Balamurugan ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, To call for the records pertaining to the final report in Spl.SC.No.44 of 2022 pending on the file of the Special Court for Trial cases under SC/ST Act (POA), Sivagangai and quash the same.

For Petitioners : Mr.C.M.Arumugam For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1&3 : Mr.M.Murugesan for R2 : Mr.V.Sundararaj for R4

ORDER

This Petition is filed to quash the final report in Spl.SC.No.44 of

2022 pending on the file of the Special Court for Trial cases under SC/ST Act (POA), Sivagangai.

2. The learned counsel for the petitioners seeks quashment of the case on the compromise. A joint compromise memo has been filed and taken on record. Earlier, this Court had passed an order, directing the victim to redeposit the compensation. It is submitted that the compensation amount has been redeposited.

3. It can be seen that the nature of offence in this case is that the dispute arose with reference to fencing. Therefore, even though this case is on the pigeon hole of the SC/ST Act, the gravamen of the allegations point out towards the boundary dispute escalating into mild violence between the parties, suffering injuries. Therefore, in the facts and circumstances of the case, in the best interest of the parties and the parties have amicably resolved the issue, I am of the view that this is a fit case where this court can exercise its power under Section 482 of the Code of Criminal Procedure and quash the case.

4. This Criminal Original Petition is allowed and the final report in Spl.S.C.No.44 of 2022 pending on the file of the Special Court for Trial cases under SC/ST Act (POA), Sivagangai, shall stand quashed. However, the party shall pay a cost of Rs.4,000/- (Rupees Four Thousand only) towards the Chief Minister's Public Relief Fund (CMPRF),(Indian Overseas Bank, Secretariat Branch, Chennai -600 009, Account No : 11720 10000 00070, IFSC Code: IOBA000172). Consequently, connected Miscellaneous Petitions are closed.

12.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS D.BHARATHA CHAKRAVARTHY,J LS TO

1. The Inspector of Police Singampunari Police Station, Singampunari, Sivagangai District

2. The Deputy Superintendent of Police, Thiruppathur DSP Office, Thiruppathur,Sivagangai District.

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

4.The Special Court for Trial cases under SC/ST Act (POA), Sivagangai.

ORDER IN CRL OP(MD) No.1240 of 2023 Date : 12.09.2024