Madras High CourtCRL OP(MD)/5250/2021allowed

A.Varghese George v. The Inspector Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.5250 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5250 of 2021 and Crl.M.P.(MD)No.3036 of 2021 xxxxxxxxxxx ... Petitioner Vs.

1. The State rep by The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.1874 of 2020).

... Respondent/Complainant 2.xxxxxxxxx ... Respondent/Defacto Complainant (Represented by her mother Jothi) Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records on the file of the 1st respondent Othakadai Police Station, Madurai District in Crime No.1874 of 2020 and to quash the same.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.E.Antony Sahaya Prabahar, Addl.Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the FIR in Crime No.1874 of 2020 registered on the file of the first respondent.

2.The defacto complainant is none other than the daughter of the petitioner. She has been duly identified by Mr.S.Singaraj, Sub Inspector of Police attached to first respondent police station. She stated that her parents were not getting together and the father was also neglecting to maintain the family. In these circumstances, the impugned complaint came to be registered. She told me that the contents of the complaint are not correct and that she does not want to pursue the matter. The petitioner is presently having certain serious spinal issues and his liver is also said to be affected. The victim's mother is present before this Court. She also prayed for closing of the matter. I am more https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5250 of 2021 than satisfied that continuance of the impugned prosecution would not be proper. To secure the ends of justice, the impugned FIR is quashed and the criminal original petition is allowed. The compromise memo shall form part of the order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) 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.

Encl : Join Compromise Memo To:

1. The Inspector of Police, Othakadai Police Station, Madurai District.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-39310[F] dated 17/12/2021 ) Crl.O.P(MD)No.5250 of 2021 16.12.2021 USK (06.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2