Madras High CourtCRL OP(MD)/1274/2022allowed

Mugesh @ Mugesh Dharmaraj v. The Inspector Of Police

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

Crl.O.P(MD)No.1274 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.1274 of 2022 1.Mugesh @ Mugesh Dharmaraj 2.Kalai Prasath 3.Rajesh @ Rajesh Thangasamy ... Petitioner/ Accused No.1 to 3 Vs.

1.The State Rep by The Sub Inspector of Police, Manavalakurichy Police Station, Kanniyakumari District.

(Crime No.86 of 2019) ...1st Respondent/Complainant 2.Kiman ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the charge sheet filed by the 1st respondent police in C.C.No.270 of 2020 on the file of the Judicial Magistrate Court, Eraniel, Kanniyakumari District.

For Petitioners : Mr.N.Pragalathan For Respondents : Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R1.

Mr.K.Muthurakkan for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.270 of 2020 on the file of the Judicial Magistrate Court, Eraniel, Kanyakumari District. 2.The defacto complainant/Kiman is present before this Court in person through video conferencing. He has been duly identified by Mr.P.Xavier, Sub Inspector of Police 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.1274 of 2022 not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings stand quashed. It is stated that the accused had deposited some money as security deposit at the time of obtaining anticipatory bail. The said amount shall be transferred to the fund of the legal service authority. The criminal original petition is allowed. The memo of joint compromise will form part of the order. Sd/- Assistant Registrar (Records) // 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.

To:

Enclose xerox copy of Joint Compromise Memo.

1.The Judicial Magistrate, Eraniel, Kanyakumari District.

2.The Sub Inspector of Police, Manavalakurichy Police Station, Kanniyakumari District.

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

Copy to The Officer in Charge, Legal Service Authority, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-3310[F] dated 01/02/2022 ) Crl.O.P(MD)No.1274 of 2022 31.01.2022 RK(15/02/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2