Madras High CourtCRL OP(MD)/1188/2022allowed

M.Thenesh v. The Inspector Of Police

2022-01-24Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1188 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.1188 of 2022 and Crl.M.P.(MD)No.855 of 2022 M.Thenesh ... Petitioner/A-5 Vs.

1.State rep. by The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

(Crime No.221 of 2017) ...1st Respondent/Complainant 2.S.Sivakumar ...2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in related to FIR registered in Crime No.221 of 2017 on the file of the Inspector of Police, Kanyakumari Police Station, Kanykumari District and quash the same against the petitioner.

For Petitioner : Mr.A.R.Kannappan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Cl. Side) for the first respondent. 2.It is seen that accused Nos.1 to 4 in this case had filed Crl.O.P.(MD)No.3988 of 2021 before this Court and the same was allowed on 04.01.2022, since the accused had paid a sum of Rs.10,000/- to the defacto complainant and the since the defacto complainant had no objection for quashing the impugned prosecution. Therefore, the benefit of the said order quashing the prosecution will enure in favour of the present petitioner also. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1188 of 2022 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:

1.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

+1 CC to M/s.A.R.KANNAPPAN, Advocate ( SR-2433[F] dated 25/01/2022 ) Crl.O.P(MD)No.1188 of 2022 24.01.2022 RK(07/02/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2