Madras High CourtCRL OP(MD)/1992/2022allowed

Ilasu @ Ilavarasan @ Illayaraja v. The Inpsector Of Police

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

Crl.O.P(MD)No.1992 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.1992 of 2022 1.Ilasu @ Ilavarasan @ Illayaraja 2.Prakash 3.Modi @ Murugeshpandi 4.Umapathi 5.Sellam @ Chellam 6.Kala @ Kalavathi ... Petitioners/Accused No. 1 to 6 Vs.

1.The state rep by The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

(In Crime No.106 of 2021) ... 1st respondent/Complainant 2.Muniyasamy ... 2 nd respondent/ Defacto Complainant 3.Kumar ...2nd Respondent/Victim Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge in P.R.C.No.69 of 2020 pending before the Judicial Magistrate No.II, Ramanathapuram, Ramanathapuram District in connection with case in Crime No.106 of 2019 under Sections 294(b), 323, 364, 307 r/w. 109 of IPC dated 15.04.2019 and quash the same as illegal as against the petitioners/accused.

For Petitioners : Mr.D.Balamurugapandi For Respondents : Mr.M.Sakhi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.S.Sundarapandian for R2 & R3.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in P.R.C.No.69 of 2020 on the file of the Judicial Magistrate No.II, Ramanathapuram.

2.The defacto complainant and the victim are present before this Court in person through video conferencing. They have been https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1992 of 2022 duly identified by Mr.K.Jeyakumar, HC 1924 attached to 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 deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed. The memo of joint compromise will form part of the record. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Ramanathapuram.

2.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-4344[F] dated 04/02/2022 ) Crl.O.P(MD)No.1992 of 2022 04.02.2022 SR(CO) KB(01.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2