Madras High CourtCRL OP(MD)/2558/2022allowed

Thavasipandi v. The Sub Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2558 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2558 of 2022 and Crl.M.P(MD)No.1438 of 2022 1.Thavasipandi 2.Suresh 3.Ramachandran 4.Suresh 5.Koilraj

...Petitioners/

Accused Nos.1 to 5 Vs.

1.The State represented by The Sub Inspector of Police, Palavoor Police Station, Tirunelveli District.

...1st Respondent/ (Crime No.42 of 2012) Complainant 2.Senthil Kumar ...2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records relating to the impugned charge sheet in S.C.No.84 of 2019 on the file of the Additional District Court No.II for PCR Act Cases, Tirunelveli in FIR in Crime No.42 of 2012 on the file of the first respondent herein and quash the same. For Petitioners : Mr.K.Rajeshwaran For R1 : Mr.T.Senthil Kumar Additional Public Prosector

O R D E R

This Criminal Original Petition has been filed to quash the impugned proceedings.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2558 of 2022 2.The defacto complainant/Senthil Kumar is present before this Court through video conferencing. He is duly identified by Mr.K.Rajeswaran, learned Counsel appearing for the petitioner as well as by Mr.Ragav, the learned Counsel appearing for the defacto complainant. It is categorically stated that no compensation was received from the Department. Therefore, the question for refund does not arise. The parties have filed a joint memo of compromise. 3.Since the defacto complainant does not want to pursue the matter, no purpose will be served keeping the prosecution alive. The impugned proceedings are quashed.

4.With the said observation, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Enclosed herewith Copy of the 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.

To:

1.The Sub Inspector of Police, Palavoor Police Station, Tirunelveli District.

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

+1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-4412[F] dated 07/02/2022 ) Crl.O.P(MD)No.2558 of 2022 04.02.2022 RD(23.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2