Madras High CourtCRL OP(MD)/191/2022allowed

A.Balaganesh v. The Superintendent Of Police

2022-01-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.191 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.191 of 2022 A.Balaganesh ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

3.Muthukrishnan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with the Crime No.323 of 2021 on the file of the 2nd respondent and quash the same in respect of the petitioner.

For Petitioner : Mr.R.M.Suresh For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2 Mr.H.Mohamed Reyas for R3

O R D E R

This criminal original petition has been filed for quashing the the impugned FIR in Crime No.323 of 2021 registered on the file of the second respondent.

2.The defacto complainant/Muthukrishnan is present before this Court through video conferencing. He has been duly identified by Mr.C.Kannan, Sub Inspector of Police, attached to second respondent police station. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.191 of 2022 not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed. The memo of joint compromise will form part of the order. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Encl: Photocopy of Joint Compromise memo Attached. 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:

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.191 of 2022 10.01.2022 MGJ(28.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2