Gomathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.MP(MD)No.578 of 2022 1.Gomathi 2.Rajendran 3.Anbu @ Angappan 4.Durai @ S.S.Saranamdurai 5.Ganesan @ Petchi Ganesan 6.Natarajan @ Nambirajan 7.Muthuramalingam 8.Senthur @ Chendurpandian 9.Sankar @ Sankaranarayanan 10.Raman 11.Sankar @ Sankaranarayanan 12.Kumar @ Thangapalanikumar 13.Ganesan @ Kallandan 14.Velmurugan 15.Subbu @ Sankarasubbu 16.Manthiram @ Murugesh @ Murugesan 17.Mariappan 18.Raja 19.Muthusamy @ Magesh ... Petitioners /Accused No.1 to 19 vs.

State through by 1.The Inspector of Police, Murappanadu Police Station, In Crime No.126 of 2021, Thoothukudi District.

... 1st Respondent/ Complainant 2.Sudalaimuthu ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to FIR in Crime No.126 of 2021 dated 14.06.2021 on the file of the 1st Respondent and quash the same against the petitioners concern.

For Petitioners : Mr.Ayiram K.Selvakumar for Mr.K.Suyambulinga Bharathi For R1 : Mr.M.Sakthikumar Government Advocate 1/3

For R2 : Mr.Sudalaimuthu

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.126 of 2021 registered on the file of the first respondent.

2. The defacto complainant Sudalaimuthu is present in person before this Court through video conference. He has been duly identified by Thiru.Devasahayam, Sub-Inspector of Police, attached to the Murappanadu Police Station, Thoothukudi District. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed. The Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed.

3.It is stated by the learned counsel for the petitioners that each petitioner has deposited a sum of Rs.20,000/- to the credit of Crime No.126 of 2021. Since, the prosecution itself has been quashed by following the compromise between the parties, the petitioners are entitled to return of the deposited amount. The defacto complainant has no objection for the same.

4. In view of the above submission, the Court below is directed to return the deposited amount to the petitioners. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) dss 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. 2/3

To Enclose copy of Joint Compromise Memo.

1.The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

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

21.01.2022 RK(09/02/2022) 3P 3C 3/3