Mithun @ Chistto Mithukumar v. The Inspector Of Police

Crl.O.P.(MD)No.1400 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1400 of 2022

1. Mithun @ Christto Mithunkumar

2. Arul Kingsly

3. Janat Manoj Kumar ... Petitioners / Accused Nos.1&2 / Accused No.3 Rank not known Vs.

1. The Inspector of Police, Vaiyampatty police station, Vaiyampatty, Trichy District.

(Crime No.137 of 2021) ... 1st Respondent / Complainant

2. Steevanson ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.137 of 2021 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.K.Arunraj For R-1 : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

For R-2 : Mr.T.Prabhu * * *

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

3. The defacto complainant Steevanson is present before this Court through video conferencing. He has been duly identified by Ms.S.Gomathi, WPC-1900 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.

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Crl.O.P.(MD)No.1400 of 2022

4. Since the defacto complainant himself 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 shall form part of the record. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Enclosed herewith Copy of the 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, Vaiyampatty police station, Vaiyampatty, Trichy District.

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

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