Madras High CourtCRL OP(MD)/1717/2022allowed

S. Sankar v. The Inspector Of Police

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

Crl.O.P(MD)No.1717 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.1717 of 2022 and Crl.M.P.(MD)No.1252 of 2022 1.S.Sankar 2.A.K.Archunan 3.V.Senthil 4.K.Marimuthu 5.D.Muthukoori ... Petitioners/ Accused Nos 1 to 5 Vs.

1.State Rep. by The Inspector of Police, Rameswaram Town Police Station, Rameswaram, Ramanathapuram District.

Crime No.43 of 2013 2.V.Villayutham ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the proceeding of the FIR in Crime No.43 of 2013 on the file of the first respondent police dated 24.03.2013 for the alleged offences under Sections 147, 148, 436 of IPC and Section 3 of TNPPDL Act 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 impugned FIR in Crime No.43 of 2013 registered on the file of the first respondent.

2.The defacto complainant/V.Villayutham 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1717 of 2022 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 deafcto complainant does 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 order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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:

Enclose copy of Joint Compromise Memo.

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

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

Crl.O.P(MD)No.1717 of 2022 03.02.2022 RK(04/03/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2