Madras High CourtCRL OP(MD)/4963/2020allowed

Nehrudhasan v. The Inspector Of Police

2020-10-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4963 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4963 of 2020 1.Nehrudhasan 2.Kesavan 3.Anjalai 4.Sarojini @ Saranya Petitioners/Accused No.1 to 4 Vs 1.The State Through The Inspector of Police, Puthanatham Police Station, Tirichirappalli.

(Crime No.18/2020) Respondent No.1 /Complainant 2.Mahalakshmi Respondent No.2/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records connected with the case in Crime No.18 of 2020 on the file of the respondent No.1 and quash the same as illegal.

For Petitioner : Mr.Marutupandian For R1 : Ms. Veronica Vincent Government Advocate(Crl.Side) For R2 : Mr.G.Vigneshwaran

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate for R1 and the learned counsel for the second respondent.

2.The petitioners are figuring as accused in Crime Number 18 of 2020, registered on the file of the Puthanatham Police Station. To quash the same, this Criminal Original Petition has been filed.

3. The petitioners stated that they have already settled the matter with the defacto complainant.

4.The learned Government Advocate states that the investigation has been completed and the same has been taken on file as CC No.59 of 2020 on the file of Judicial Magistrate, Manaparai. I wanted to get confirmation from the learned Government Advocate if the compromise is true. The matter was passed over to take instructions by the learned Government Advocate. The learned Government Advocate submits that the matter has actually been settled.

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Crl.O.P(MD)No.4963 of 2020

5. Therefore, I am of the view that the impugned prosecution deserves to be quashed. Eventhough, this Original Petition has been filed for quashing the First Information Report, in view of the subsequent developments, I mould the relief and quash CC No 59 of 2020 on the file of Judicial Magistrate, Manapparai. Accordingly, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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, Manapparai.

2.The Inspector of Police, Puthanatham Police Station, Tirichirappalli.

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

+3 CC to M/s.M. MARUTHU PANDIAN, Advocate ( SR-19718[F] dated 12/10/2020 ) Crl.O.P(MD)No.4963 of 2020 09.10.2020 SJ(CO) NR (03/11/2020) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2