Madras High CourtCRL OP(MD)/2403/2022allowed

M.Balu v. The Inspector Of Police

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

Crl.O.P(MD)No.2403 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.2403 of 2022 1.M.Balu 2.Jeganathan ... Petitioners Vs.

1.The state rep by The Inspector of Police, Bhel Police Station, Thiruchirapalli District.

(In Crime No.7 of 2015) 2.Kalyanakumar ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the charge sheet which had been taken on file in C.C.No.75 of 2016 on the file of the Judicial Magistrate No.VI, Thiruchirappalli, Thiruchirapalli District pursuant to the compromise arrived at by the parties. For Petitioners : Mr.R.Ilayaraja For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.P.Mani Anandh for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.75 of 2016 on the file of the learned udicial Magistrate No.VI, Thiruchirappalli.

2.The defacto complainant/Kalyanakumar is present before this Court in person through video conferencing. He has been duly identified by Mr.N.Balasubramanian, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2403 of 2022 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 order.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Enclosed herewith Copy of the Joint Compromise Memo 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.Vi, Trichy.

2.The Inspector of Police, Bhel Police Station, Thiruchirapalli District.

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

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-4348[F] dated 04/02/2022 ) Crl.O.P(MD)No.2403 of 2022 04.02.2022 RD(24.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2