Madras High CourtCRL OP(MD)/1871/2020allowed

Sivakumar v. The Sub-Inspector Of Police

2020-03-11Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1871 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1871 of 2020 and Crl.M.P.(MD) No.912 of 2020 1.Sivakumar 2.Rajkumar ... Petitioners Vs.

1.State rep by The Sub-Inspector of Police, Natham Police Station, Dindigul District.

(Crime No.224 of 2019) 2.Senthil Lakshmi 3.Ponnalagan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the impugned FIR in Cr.No.224 of 2019 dated 23.04.2019 on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.B.Saravanan For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side) for R1

O R D E R

This criminal original petition has been filed for quashing the impugned FIR in Crime No.224 of 2019 registered on the file of the first respondent for the offences under Sections 287 and 338 of I.P.C.

2.The defacto complainant is Senthil Lakshmi, the second respondent herein. The victim in this case is her husband namely., Ponnalagan. Both the defacto complainant as well as the victim are present before me. The petitioners are running a coir factory and on the occurrence date, due to an industrial accident the hand of the third respondent got crushed in the machine leading to its eventual amputation. The petitioners have paid a sum of Rs.3,00,000/- by way of demand draft and the same has been accepted by the private respondents herein towards full and final settlement. In fact a joint compromise memo has also been filed. The same is taken on record. It will form part of the order. The victim and the defacto complainant are identified by their counsel and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1871 of 2020 Mr.Rajappa, Special Sub Inspector of Police, Natham Police Station, identifies the victim as well as the defacto complainant. 3.Since the victim himself is not having any objection for quashing the impugned FIR, I am of the view that keeping the same alive will not serve any purpose. Therefore, the impugned FIR stands quashed and the criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) Ias Encl: Xerox copy of Joint Compromise Memo To:

The Sub-Inspector of Police, Natham Police Station, Dindigul District.

+1 CC to Mr.B.SARAVANAN, Advocate ( SR-11560[F] dated 13/03/2020 ) Crl.O.P(MD)No.1871 of 2020 11.03.2020 VB(20.03.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2