Madras High CourtCRL OP(MD)/2838/2021allowed

Muniyandi v. The Sub Inspector Of Police

2021-11-22Honourable Mr Justice G.R.Swaminathan2 pages

1 Crl.O.P.(MD)No.2838 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.2838 of 2021

1. Muniyandi

2. Vijayakumar

3. Nagoorkani ... Petitioner/Accused Nos.1 to 3 Vs.

1. The State rep. By, The Inspector of Police, Alangulam police station, Virudhunagar District.

(Crime No.402 of 2020) ... 1st Respondent / Complainant

2. Marithai ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to Crime No.402 of 2020 dated 16.12.2020 on the file of the first respondent police and to quash the same in so far as the petitioners are concerned pursuant to the joint compromise memo.

For Petitioner : Mr.J.C.Rathnavel Pandian For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Mr.L.Siva

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.402 of 2020 registered on the file of the first respondent.

3. The defacto complainant Marithai is present in person before this Court. She has been duly identified by Mr.K.Jothimani, SSI, attached to Alangulam police station. The defacto complainant informed the Court that the accused have returned the chit amount due and payable to her. The defacto complainant states that she does not want to pursue the matter. The parties have also filed a joint compromise memo.

4. Since the defacto complainant herself has no objection for quashing the impugned First Information Report, no purpose will be served in keeping the impugned First Information Report alive. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 Crl.O.P.(MD)No.2838 of 2021 Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. The joint compromise memo dated 11.02.2021 shall form of the order.

Sd/- Assistant Registrar (T&P) // 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, Alangulam police station, Virudhunagar District.

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

Crl.O.P.(MD)No.2838 of 2021 22.11.2021 SK(CO) KB(08.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2