Madras High CourtCRL OP(MD)/629/2022allowed

P.Subiramaniyan v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.629 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.629 of 2022

1. P.Subiramaniyan

2. S.Revathi

3. M.P.Moorthy

4. Rajendran

5. Shanmugavel

6. Olympiaa Financiers Karur Pvt. Ltd., Rep. By its Managing Director, [Wrongly mentioned in the FIR as:

Olympiaa Finance] Having Office at D.No.23, Ground Floor, Star Towers, Gowripuram West, Karur District. ... Petitioners / Accused 1 to 6 Vs.

1. The Inspector of Police, District Crime Branch, Karur.

(Crime No.11 of 2021) ... 1st Respondent / Complainant

2. R.Selvarani ... 2nd Respondent /Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned FIR in Crime No.11 of 2021 dated 16.11.2021 on the file of the first respondent police i.e., The Inspector of Police, District Crime Branch, Karur District and quash the same as illegal. For Petitioner : Mr.AN.Ramanathan For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Mr.M.Suresh

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

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Crl.O.P.(MD)No.629 of 2022

3. The defacto complainant Ms.Selvarani is present before this Court through video conferencing. She has been duly identified by Ms.O.Beulah Gnana Vasanthi, Inspector of Police, 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 she does not want to pursue the matter.

4. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. The joint compromise memo dated 31.12.2021 shall form part of the record. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Enclose Xerox copy of Joint Compromise Memo.

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, District Crime Branch, Karur.

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

+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-1559[F] dated 12/01/2022 ) Crl.O.P.(MD)No.629 of 2022 12.01.2022 RK(27/01/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2