Madras High CourtCRL OP(MD)/5437/2020allowed

Ajithkumar v. The Sub Inspector Of Police

2020-06-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5437 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5437 of 2020 and Crl.M.P.(MD)No.3049 of 2020 Ajithkumar ... Petitioner Vs 1.The Sub Inspector of Police, Thiruppachethi Station, Sivagangai District.

(Crime No.170 of 2017) 2.Ajith ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records and to quash the First Information Report in Crime No.170 of 2017 on the file of the Respondent No.1, dated 16.08.2017.

For Petitioner : Mr.R.Venkatesan For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : Mr.A.Jeyaram

ORDER

The petitioner is figuring as one of the accused in Crime No.170 of 2017 registered on the file of the first respondent for the offences under Sections 279 and 337 of IPC. 2.The second respondent herein is the defacto complainant. He alleged in his complaint that on 15.08.2017, the accused came in a two wheeler bearing Registration No.TN 63 AP 6174 and hit his vehicle. As a result, he sustained injuries.The defacto complainant had to be admitted to Madurai Rajaji Government Hospital. The petitioner was a pillion rider. The defacto complainant is represented by his counsel Mr.A.Jeyaram.

3.When the matter was taken up through video conference, the defacto complainant states that he has no objection for quashing the impugned FIR. He stated that the accident took place on account of the bike rider namely Adhipathiraja and the petitioner had no role whatsoever. Since the defacto complainant himself states that the petitioner is not in any way responsible for the accident in question, I have no hesitation to quash the impugned FIR. It is accordingly quashed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5437 of 2020 4.This Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Sub Inspector of Police, Thiruppachethi Station, Sivagangai District.

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

+1 CC to M/s.R.VENKATESAN, Advocate ( SR-13058[F] dated 03/06/2020 ) Crl.O.P(MD)No.5437 of 2020 03.06.2020 KB(10.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2