Madras High CourtCRL OP(MD)/1441/2022allowed

Vinitha v. The Inspector Of Police

2022-01-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1441 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.1441 of 2022 Vinitha ... Petitioner / Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Sellur police station, Madurai City.

(Crime No.2670 of 2020) ... 1st Respondent / Complainant

2. Manimala ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned FIR in Crime No.2670 of 2020 on the file of the first respondent and quash the same.

For Petitioner : Mr.M.S.Jeyakarthik For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Mr.S.Vidhyasagar

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.2670 of 2020 registered on the file of the first respondent.

3. The defacto complainant Manimala is present before this Court through video conferencing. She has been duly identified by Mr.M.Krishna Moorthy, SI, 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 she does not want to pursue the matter.

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Crl.O.P.(MD)No.1441 of 2022

4. Since the defacto complainant herself 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 dated 05.02.2021 shall form part of the record. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar 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.

ENCL: XEROX COPY OF JOINT COMPROMISE MEMO To:

1. The Inspector of Police, Sellur police station, Madurai City.

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

+1 CC to M/s.M.S.JEYA KRTHIK, Advocate (SR-2717[F] dated 28/01/2022) Crl.O.P.(MD)No.1441 of 2022 27.01.2022 PMU MS/23.02.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2