Madras High CourtCRL OP(MD)/2331/2022allowed

Ajikumar v. The Inspector Of Police

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

Crl.O.P(MD)No.2331 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.2331 of 2022 and Crl.M.P.(MD)Nos.1706 and 1709 of 2022 1.Ajikumar 2.Alwin ... Petitioners/A1 & A2 Vs.

1.The Inspector of Police, Karungal Police Station, Kanyakumari District.

(In Crime No.642 of 2015) ... 1st Respondent/Complainant 3.Padmaseelan ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the proceedings in S.C.No.192 of 2017 by the learned Assistant Sessions Court, Eraniel and quash the same in respect of the petitioners. For Petitioners : Mr.K.P.NARAYANA KUMAR, Advocate For Respondents : Mr.M.SAKHI KUMAR, Government Advocate (Crl. Side) for R1.

Mr.N.KARTHIKEYAN, Advocate for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in S.C.No.192 of 2017 on the file of the Assistant Sessions Court, Eraniel.

2.The defacto complainant/Padmaseelan is present before this Court in person through video conferencing. He has been duly identified by Mr.R.Mahavishnu, Special Sub Inspector of Police 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2331 of 2022 The impugned proceedings are quashed. The criminal original petition is allowed. The memo of joint compromise will form part of the order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Joint Compromise Memo dated 02/02/2022 in USR 1696/2022 enclosed herewith 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 Assistant Sessions Judge, Eraniel, Kanyakumari District.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

+1 cc to Mr.K.P.NARAYANA KUMAR, Advocate, SR.No.4649 Crl.O.P(MD)No.2331 of 2022 04.02.2022 SA (23.02.2022) 2P 5c https://hcservices.ecourts.gov.in/hcservices/ 2/2