Madras High CourtCRL OP(MD)/950/2021allowed

Devarajan v. The Inspector Of Police

2021-12-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.950 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.950 of 2021 1.Devarajan 2.Poothangam ... Petitioners/Accused 1 & 2 Vs.

1.The State rep. by The Inspector of Police, District Crime Branch/Anti Land Grabbing Special Cell, Nagercoil, Kanyakumari District.

(In Crime No.7 of 2014) ... Respondent / Complainant 2.S.R.Vijayan ... Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.44 of 2020 on the file of the Judicial Magistrate No.I, Nagercoil and quash the same.

For Petitioners : Mr.R.Russel Raj For Respondent : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.S.Ramakrishnan for R2.

O R D E R

This criminal original petition has been filed to quash the impugned proceedings in C.C.No.44 of 2020 on the file of the Judicial Magistrate No.I, Nagercoil.

2.The defacto complainant/S.R.Vijayan is present before this Court in person. He has been duly identified by Ms.G.Freeda, WHC 2859 attached to first respondent police station. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. The parties have also filed a memo of joint compromise dated 07.01.2021. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The defacto complainant does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.950 of 2021 keeping the impugned prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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:

(Encl : Joint Compromise Memo) 1.The Judicial Magistrate No.I, Nagercoil.

2.The Inspector of Police, District Crime Branch/Anti Land Grabbing Special Cell, Nagercoil, Kanyakumari District.

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

Crl.O.P(MD)No.950 of 2021 03.12.2021 NSN(CO) SB(13.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2