Madras High CourtCRL OP(MD)/1214/2021allowed

Nagendraprabhu v. The Inspector Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan2 pages

1 Crl.O.P.(MD)No. 1214 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1214 of 2021 Nagendraprabu ... Petitioner/ Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Kayathar police station, Tuticorin District.

(Crime No.154 of 2016) ... 1st Respondent/ Complainant

2. Mariappan ... 2nd Respondent /Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for records relating to the charge sheet in C.C.No.297 of 2017 on the file of the Judicial Magistrate No.II, Kovilpatti and quash the same.

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

For R-2 : Mr.C.Susi Kumar

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.297 of 2017 on the file of the Judicial Magistrate No.II, Kovilpatti.

2. The defacto complainant Mariappan appeared before this Court through video conferencing. He has been duly identified by Mr.V.Arumugam, SI, attached to Kayathar police station. The defacto complainant has no objection for quashing the impugned proceedings. The parties have filed a joint compromise memo dated 23.11.2020. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive.

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2 Crl.O.P.(MD)No. 1214 of 2021

3. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 No.II, Kovilpatti.

2. The Inspector of Police, Kayathar police station, Tuticorin District.

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

Crl.O.P.(MD)No.1214 of 2021 17.11.2021 RK/PM(25/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/