Madras High CourtCRL OP(MD)/5728/2021allowed

L.Mohamed Asarudeen v. The Inspector Of Police

2021-12-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5728 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.5728 of 2021 L.Mohamed Asarudeen ... Petitioner / Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Othakadai police station, Othakadai, Madurai District.

(Crime No.1903 of 2020) ... 1st Respondent / Complainant

2. Mohan ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the First Information Report in Crime No.1903 of 2020 on the file of the first respondent police and quash the same as the matter is amicably settled between the parties.

For Petitioner : Mr.H.Mohammed Imaran for M/s.Ajmal Associates For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.V.George Raja * * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.1903 of 2020 registered on the file of the first respondent.

3. The defacto complainant Mohan is present in person before me. He has been duly identified by Thiru.S.Singaraj, Sub Inspector of Police, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5728 of 2021

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Inspector of Police, Othakadai police station, Othakadai, Madurai District.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-37108[F] dated 02/12/2021 ) Crl.O.P.(MD)No.5728 of 2021 01.12.2021 NA(CO) GC(15.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2