IN THE HIGH COURT OF JUDICATURE AT MADRAS…
Spl.SC.No.10 of 2023 and PRC.No.12 of 2024 arising out of FIR Cr.No.111 of 2022 quashed; connected miscellaneous petitions closed.
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Crl.OP.No.9684 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.9684 of 2024
and
Crl.M.P. Nos.6728 and 6729 of 2024
1.B.Saleem 2.Babu 3.Akdhar Syed Batcha ... Petitioners
Vs.
1.State by The Deputy Superintendent of Police, Molasi Police Station, Namakkal.
2.Senthilkumar ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Special S.C. No.10 of 2023 on the file of Special Judge, Special Court for SC/ST Cases, Namakkal and quash the same.
For Petitioners : Mr.S.Patrick
For Respondents : Mr.S.Udaya Kumar, Govt. Advocate (Crl. Side) for R1
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O R D E R
On 05.10.2022, the Sub-Inspector of Police attached to Molasi
Police Station, Namakkal District registered two complaints, one given by Senthil Kumar as against Babu, Bargath Salim and ten others for the alleged offence under Sections 147, 448, 427, 323 of IPC and 3(1)(r), 3(1)(s), 32(va) of SC/ST (Prevention of Atrocities) Act. The said complaint was registered in Cr.No.110 of 2022 dated 05.10.2022. The other complaint was by one Sharmila against Senthil Kumar, Vennila and Santhosh @ Sathiyasree, Kavitha and Kamila for the offence under Sections 147, 148, 294(b), 323 and 307 IPC, the same was registered in Cr.No.111 of 2022 dated 05.10.2022.
with house property owned by Vennila which was sold for Rs.22,00,000/- to the neighbour Salim and the sale deed was duly registered on 15.07.2023. While so, when the vendor were occupying the house sought to be vacated , quarrel arose between them. While the vendor Senthil Kumar has alleged that the said Salim and his family members more than ten in numbers attacked him and called him by caste
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name and abused them, the counter complaint by Sharmila alleges that when the daughter went to the property with Mason to repair the bath room, Vennila and her daughter Sathiyasree have brutally attacked her and her daughter. Senthil Kumar molested the modesty of her daughter by tearing the Chudidhar.
investigation and has filed final report in Cr.No.110 of 2022 for the offence under Sections 3(1)(r), 3(1)(s) 3(2)(va) of SC/ST(Prevention of Atrocities) Act and Section 323, 451 and 34 of IPC. The said final report taken on file by the Special Court for SC/ST cases in Spl.SC.No.10 of 2023. Whereas the complaint given by Senthil Kumar on investigation, final report filed before the learned Judicial Magistrate, Kumarapalayam and it is in pre committal stage. In the final report, Senthil Kumar, Vennila, Santhosh @ Sathiyasree, Kavitha and Kamela are the accused
for the offence under Sections 147, 148, 294(b), 323, 354, 307 of IPC.
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for a month. Though they promised to vacate the house, they failed to do it. Having received Rs.22,00,000/- towards the sale consideration and executed the sale deed to avoid the delivery of the possession and to counter blast they have deadly attacked on her daughter Kathisa, false complaint been given and the same has to be quashed.
an affidavit that the dispute regarding the house sold by Vennila been
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amicably sold by paying an additional sum of Rs.5,00,000/- apart from the original sale consideration of Rs.22,00,000/-. Vennila and her family
has already vacated the premises, handing over the possession to her. Therefore, they have not interested in prosecuting them in Cr.No.111 of 2022.
the complaint which is the subject matter of Crl.OP.No.9684 of 2024 apparently the counter blast to shield themselves against their criminal act of assault and molestation. Since both the parties have now come to terms and settle their disputes and also Sharmila who is the complainant against Senthil Kumar and others had given an affidavit that she wants to withdraw her complaint in order to prevent abuse of law and to meet the
ends of justice, this Court allows the Crl.OP.No.9684 of 2024 and quash
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the Spl.SC.No.10 of 2023 also quash PRC.No.12 of 2024 arising out of an FIR 111 of 2022 pending on the file of learned Judicial Magistrate, Kumarapalayam. Consequently, the connected miscellaneous petitions are closed.
9. The Investigating Officer shall inform the Judicial Magistrate
29.07.2024
Vv
To
1. The Deputy Superintendent of Police, Molasi Police Station, Namakkal.
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Dr.G.JAYACHANDRAN,J.
Vv
Crl.OP.No.9684 of 2024
29.07.2024
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1 issue framed by the court
Whether the complaint in Spl.SC.No.10 of 2023 under the SC/ST Act should be quashed as a counterblast given mutual settlement between the parties.
4 provisions across 3 enactments
B.Saleem
Babu
Akdhar Syed Batcha
State by The Deputy Superintendent of Police, Molasi Police Station, Namakkal
Senthilkumar
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G.Jayachandran
Parties & counsel
