Madras High CourtCRL OP(MD)/185/2022allowed

Vijay v. The Inspector Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.185 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.185 of 2022

1. Vijay

2. Vinoth @ Veeranan ... Petitioners / Accused Nos.1 & 2 Vs.

1. State rep. By, The Inspector of Police, Melavalavu police station, Madurai District.

(Crime No.198 of 2015) ... 1st Respondent / Complainant

2. Nallusamy ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for records and quash the FIR in Crime No.198 of 2015 on the file of the first respondent police registered for the offences under Sections 294(b), 323, 324 and 506(ii) of I.P.C. For Petitioner : M/s.P.Vijayabharathi For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.N.Saravanan

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.198 of 2015 registered on the file of the first respondent.

3. The defacto complainant Nallusamy is present before this Court through video conferencing. He has been duly identified by Mr.Boopathy, SSI, attached to the first respondent police station and the same has been duly confirmed by Mr.A.Albert James, learned Government Advocate. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.185 OF 2022 Information Report is quashed. This criminal original petition is allowed. The joint compromise memo dated 03.01.2022 shall form part of the record.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

(ENCL : Copy of Joint Compromise Memo)

1. The Inspector of Police, Melavalavu police station, Madurai District.

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

+1 CC to M/s.P.VIJAYABHARATHI, Advocate ( SR-820[F] dated 07/01/2022 ) Crl.O.P.(MD)No.185 of 2022 06.01.2022 (CO) SB(21.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2