Madras High CourtCRL OP(MD)/1052/2020allowed

Jacob Manohar v. The Inspector Of Police

2020-12-04Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.1052 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.1052 of 2020 and Crl.M.P(MD)Nos.448 and 449 of 2020 Jacob Manohar ... Petitioner vs.

1)The State represented by The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(Crime No.22 of 2018) 2)Murugan 3)Premkumar 4)Sudhakar 5)Sureshkumar ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the case in Special S.C.No.71 of 2019 pending on the file of the Mahila Court, Thoothukudi, Thoothukudi District, and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 to R5 : Mr.R.Pon Karthikeyan

O R D E R

This Criminal Original Petition has been filed to call for the entire records pertaining to the case in Special S.C.No.71 of 2019 pending on the file of the Mahila Court, Thoothukudi, Thoothukudi District, and quash the same as against the petitioner. 2.The 2nd respondent / defacto complainant, respondents 3 to 5/victims as well as the petitioner/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the 2nd respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the proceedings in Special S.C.No.71 of 2019 on the file of the Mahila Court, Thoothukudi, Thoothukudi District.

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C rl.O.P.(MD)No.1052 of 2020 3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the proceedings in Special S.C.No.71 of 2019 on the file of the Mahila Court, Thoothukudi, Thoothukudi District, are quashed. The joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ENCL.: XEROX COPY OF 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.

bala To 1)The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(Crime No.22 of 2018) 2)The Judge,Mahila Court, Thoothukudi,Thoothukudi District, 3)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER MADE IN Crl.O.P.(MD)No.1052 of 2020 DATED : 11.12.2020 PM(CO) TR(23.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2