← Library
Madras High CourtCRL OP/25876/2019dismissed as infructuous

K.V.Balamurugan v. State By

2023-01-03Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023

CORAM:

THE HONOURABLE MS JUSTICE R.N.MANJULA Crl.O.P.No.25876 of 2019 and Crl.M.P.No.13772 of 2019

1. K.V.Balamurugan

2. B.Mohana

...Petitioners

Vs.

1. State by:

Sub-Inspector of Police, R.K.Pet Police Station, Tiruvallur District.

2. Shanthi ... Respondents Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in FIR in Crime No.55 of 2019 on the file of the 1st respondent Police and quash the same insofar as the petitioners are concerned.

For Petitioner : Mr.K.Kannan For R1 : Mr.A.Gopinath, Government Advocate (Crl. Side) For R2 : Mr.L.Dhamodaran

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.55 of 2019 on the file of the 1st respondent Police as against the petitioners.

1/4

2. The learned Government Advocate (Crl. Side), on instructions, would submit that the very same accused who are the petitioners herein along with two other accused have filed another Criminal Original Petition in Crl.O.P.No.2255 of 2021, seeking the very same relief, i.e., to quash the FIR in Crime No.55 of 2019 and the same was quashed in terms of compromise; hence this petition is not maintainable.

3. The learned counsel for the petitioner would agree the said submission made by the learned Government Advocate (Crl. Side).

4. In view of the above, this Criminal Original Petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

03.01.2023 vum Index:yes/No Speaking order / Non speaking order 2/4

To

1. The Sub-Inspector of Police, R.K.Pet Police Station, Tiruvallur District.

2. The Public Prosecutor, Madras High Court, Chennai.

3/4

R.N.MANJULA,J.

vum Crl.O.P.No.25876 of 2019 and Crl.M.P.No.13772 of 2019 03.01.2023 4/4