Madras High CourtCRL OP(MD)/1136/2022allowed

Joni @ Jony v. The Inspector Of Police

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

CRL.O.P.(MD)NO.1136 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. 1136 of 2022

1. Joni @ Jony

2. Ahil

3. Anish ... Petitioners/Accused Nos.1 to 3 Vs.

1. The State rep. By, The Inspector of Police, Thuckalay police station, Kanyakumari District.

(Crime No.808 of 2021) ... 1st Respondent / Complainant

2. Jenifer ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.808 of 2021 pending investigation on the file of the respondent police and quash the same.

For Petitioners : Mr.S.Muniyandi For R-1 : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

For R-2 : Mr.M.Vijayakumar * * *

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.808 of 2021 registered on the file of the first respondent.

3. The defacto complainant Jenifer is present before this Court through video conferencing. He has been duly identified by Mr.S.Mohandhas, SSI-911, 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 he does not want to pursue the matter.

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CRL.O.P.(MD)NO.1136 OF 2022

4. Since the defacto complainant himself 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 25.01.2022 shall form part of the record. Sd/- Assistant Registrar (AE) // True Copy // / /2022 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 Inspector of Police, Thuckalay police station, Kanyakumari District.

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

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-2681[F] dated 27/01/2022 ) +3 CC to M/s.M.VIJAYAKUMAR, Advocate ( SR-2869[F] dated 28/01/2022 ) Crl.O.P.(MD)No.1136 of 2022 27.01.2022 USK(26.02.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/4