Madras High CourtCRL OP(MD)/7081/2020allowed

R.Rajasekaran v. The Inspector Of Police

2020-11-20Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.7081 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.7081 of 2020 and Crl.M.P.(MD)No.3508 of 2020 1.R.Rajasekaran 2.R.Latha ... Petitioners/Accused No.1 and 2 Vs.

1.The State of Tamilnadu, represented by The Inspector of Police, District Crime Branch, Ramanathapuram Police Station, Ramanathapuram.

(Crime No.40 of 2020) ...1st Respondent/Complainant 2.S.R.Balachandar ...2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records relating to the First Information Report in Crime No.40 of 2020 registered by the first respondent police and quash the same so far as the petitioners/ accused 1 and 2 are concerned.

For Petitioners : Mr.T.R.Jeyapalam For 1st Respondent : Mr.M.V.Chandrasekaran Government Advocate For 2nd Respondent : Mr.K.Guhan

O R D E R

This Criminal Original Petition has been filed praying to call for the records in Crime No.40 of 2020 on the file of the first respondent police and quash the same so far as the petitioners/ accused 1 and 2 are concerned.

2.The second respondent / defacto complainant as well as the petitioners/accused 1 and 2 are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the FIR. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.7081 of 2020

3. The compromise memo is filed before this Court and the parties along with their respective counsel are also present personally and the learned Government Advocate (Crl.side) would state that he has verified their identity.

4. In the result, by recording the compromise, the Criminal Original Petition is allowed and the proceeding in Crime No.40 of 2020, on the file of the first respondent is quashed so far as the Petitioners/ Accused Nos.1 and 2 are concerned. The Compromise memo shall form part and parcel of the order. Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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 : Xerox copy of Joint Compromise Memo.

To The Inspector of Police, District Crime Branch, Ramanathapuram Police Station, Ramanathapuram, +1 CC to M/s.K.GUHAN, Advocate ( SR-22272[F] dated 20/11/2020 ) +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-22493[F] dated 23/11/2020 ) Crl.O.P.[MD]No.7081 of 2020 20.11.2020 VR(CO) KK(09.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2