Vinoth Kumar v. The Inspector Of Police

1 CRL.O.P.(MD)NO.1195 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1195 of 2022

1. Vinoth Kumar

2. Arunkumar ... Petitioners / Accused 1 & 2 Vs.

1. The Inspector of Police, Avudaiyarkovil police station, Pudukottai District.

(Crime No.448 of 2021) ... 1st Respondent / Complainant

2. Mathavan ... 2nd Respondent /Defacto Complainant

3. Jeya ... 3rd Respondent / Injured Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for records pertaining to the First Information Report in Crime No.448 of 2021 on the file of the first respondent police and quash the same as illegal.

For Petitioners : Mr.T.Lenin Kumar For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 & R3 : Mr.D.Venkatesh * * *

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.448 of 2021 registered on the file of the first respondent.

3. The defacto complainant Mathavan as well as the victim Jeya are present before this Court through video conferencing. They have been duly identified by Mr.M.Selvaraj, SSI, attached to the first respondent police station and the same has been duly confirmed by Mr.M.Sakthi Kumar, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.1195 OF 2022 prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. The joint compromise memo shall form part of the record. Sd/- Deputy Registrar (CA & MC) // 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:

1. The Inspector of Police, Avudaiyarkovil police station, Pudukottai District.

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

Crl.O.P.(MD)No.1195 of 2022 24.01.2022 SS/07.03.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/4