Madras High CourtCRL OP(MD)/1653/2022allowed

Subbiramani @ Balasubramaniyan v. The Inspector Of Police

2022-01-31Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1653 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1653 of 2022 1.Subbiramani @ Balasubramaniyan 2.Murugan 3.Kajendran @ Kajendraprabhu 4.Ramesh 5.Sudhakar @ Sudhakaran ... Petitioners/ A1 to A5 Vs.

1.The State Rep by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

(Crime No.62 of 2018) ... Respondent-1/Complainant 2.Vellai Samy ... Respondent-2/ 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 C.C.No.175 of 2019 on the file of the learned Judicial Magistrate, Additional Mahila Court, Ramanathapuram District and quash the same. For Petitioners : Mr.J.Vishnu For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.G.Tamilvendan for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.175 of 2019, on the file of the Judicial Magistrate Court, Additional Mahila Court, Ramanathapuram District.

2.The defacto complainant/Vellai Samy is present before this Court in person through video conferencing. He has been duly identified by Mr.L.Ananth, HC 1353 attached to first respondent police station. 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 deafcto complainant does https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1653 of 2022 not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings stand quashed. The criminal original petition is allowed. The memo of joint compromise will form part of the order. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 Judicial Magistrate, Additional Mahila Court, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.1653 of 2022 31.01.2022 RD(17.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2