Madras High CourtCRL OP(MD)/873/2021allowed

Sri Pugalindhra v. The Inspector Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.873 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.873 of 2021 and Crl.M.P.(MD)No.401 of 2021 1.Sri Pugalindhra 2.Renuga ... Petitioners/Accused No.1 & 2 Vs.

1.The State rep by its The Inspector of Police, Koodal Pudur Police Station, Madurai City, Madurai District.

(Crime No.1819 of 2020) ... Respondent/Complainant 2.Kasinathan ... Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in Crime No.1819 of 2020 on the file of the 1st respondent herein and quash the same.

For Petitioners : Mr.S.Ramasamy For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.C.Karthick for R2.

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.1819 of 2020 registered on the file of the first respondent.

2.The defacto complainant/Kasinathan is present before this Court in person. He has been duly identified by Mr.M.Kannan, Sub Inspector of Police attached to first respondent police station. The defacto complainant has today been paid a sum of Rs.6,00,000/- by way of demand draft drawn on Axis Bank Ltd. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the defacto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.873 of 2021 prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed. The memo of joint compromise will form part of the order. Consequently, connected miscellaneous petition is closed.

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

ENCL: Xerox Copy of Joint Compromise Memo To:

1.The Inspector of Police, Koodal Pudur Police Station, Madurai City, Madurai District.

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

Crl.O.P(MD)No.873 of 2021 22.12.2021 NSN(CO) GC(05.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2