Madras High CourtCRL OP(MD)/2167/2022allowed

A.K. Archunan v. The Inspector Of Police

2022-02-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2167 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2167 of 2022 and Crl.M.P.(MD)No.1600 of 2022 1.A.K.Archunan 2.M.Vinoth 3.Nagendran 4.Mani 5.Saravanan ... Petitioners/Accused No.1 to 5.

Vs.

1.The Inspector of Police, Rameswaram Town Police Station, Rameswaram, Ramathapuram District.

(Crime No.40 of 2013) ... 1st Respondent/Complainant 2.B.Villi ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the Crime No.40 of 2013 dated 22.03.2013 on the file of the first respondent police for the alleged offence under Sections 147, 148, 294(b), 323, 324 and 307 of IPC and quash the same as illegal as far as the petitioners are concerned.

For Petitioners : Mr.T.Thirumurugan For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) For R2 : Mr.A.Kali Doss

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No. 40 of 2013 registered on the file of the first respondent.

2.The defacto complainant/Villi is present before this Court through video conferencing. He has been duly identified by Mr.D.Karthikraja, Grade-I 724, attached to the first respondent police station. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the de-facto complainant does https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2167 of 2022 not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed. The memo of joint compromise will form part of the record. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Encl: Photocopy of Compromise Memo attached.

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, Rameswaram Town Police Station, Rameswaram, Ramathapuram District.

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

Crl.O.P(MD)No.2167 of 2022 03.02.2022 MGJ(28.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2