Madras High CourtCRL OP(MD)/398/2022allowed

Viswalingam v. The Inspector Of Police

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

Crl.O.P.(MD)No.398 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.398 of 2022 1.Viswalingam 2.Murugesan 3.Kannan @ Susairaj 4.Dinesh @ Dineshkumar 5.Nadimuthu ... Petitioners/Accused Nos.1 to 5 vs.

1.The State rep. by The Inspector of Police, Adiramapattianam Police Station, Thanjavur District.

(Crime No.177 of 2021) ... 1st Respondent/Complainant 2.Balathandayuthapani ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in connection with Cr.No.177 of 2021 on the file of the first respondent police and quash the same. For Petitioners : Mr.B.Fazil Kiramani For R1 : Mr.M.Sakthikumar Government Advocate (crl.side) For R2 : Mr.K.M.Karunakaran

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.177 of 2021 registered on the file of the first respondent.

2. The defacto complainant Balathandayuthapani is present in person before this Court. He has been duly identified by Thiru.G.Iyyappan SSI of Police attached to Adiramapattinam Police Station, Thanjavur District. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.398 of 2022 prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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.

ENCL: XEROX COPY OF JOINT COMPROMISE MEMO To 1.The Inspector of Police, Adiramapattianam Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.398 of 2022 10.01.2022 NSN(CO) GC(25.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2