Madras High CourtCRL OP(MD)/2369/2021allowed

R.Muthupandi v. The Sub Inspector Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2369 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2369 of 2021 1.R.Muthupandi 2.P.Duwellsam 3.K.Selvavijay 4.S.Saravanan 5.R.Ponkarthick 6.A.Vijayaragavan 7.Selvamani 8.C.Asaithambi ... Petitioners/Accused Nos 1 to 8 Vs.

1.The Sub Inspector of Police, B1, Nagamalaipudukottai Police Station, Madurai District.

(Crime No.711 of 2017) 2.Baskar ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records relating to the FIR in Crime No.711 of 2017 on the file of the Inspector of Police, Nagamalaipudukottai Police Station and quash the same by allowing the present criminal original petition.

For Petitioners : Mr.S.Ukkara Pandian For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

Mr.R.Jeyabal for R2

O R D E R

The petitioners herein are figuring as accused in Crime No.711 of 2017 registered on the file of the first respondent. The defacto complainant is one Baskar. He is present before me in person. He has been duly identified Mr.P.Arulpandi, the Sub Inspector of Police attached to B1, Nagamalaipudukottai Police Station. The defacto complainant does not want to pursue the matter as he has compromised with the petitioners herein. The petitioners herein assert before this Court that they have not come under any adverse notice of the respondent either earlier or later. According to them, this is the very first case in which they have been shown as accused. The said https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2369 of 2021 submission is taken on record. Since the defacto complainant does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed and the criminal original petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 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 Sub Inspector of Police, B1, Nagamalaipudukottai Police Station, Madurai District.

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

Crl.O.P(MD)No.2369 of 2021 10.11.2021 TSK(CO) KB(29.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2