Madras High CourtCRL OP(MD)/19041/2021disposed of

Gurunathappa Raja v. The Inspector Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19041 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19041 of 2021 1.Gurunathappa Raja 2.Sathya @ Subbu Lakshmi 3.Appadurai 4.Valli Krishna Priya 5.Sundar Raj ... Petitioners/Accused 1 to 5 Vs.

1.State through The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

(In Crime No.79 of 2021) ... Respondent/Complainant 2.Divya Yadhav @ Divya Yadav ... Respondents/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of First Information Report in Crime No.79 of 2021 on the file of the respondent No.1 and quash the same as illegal.

For Petitioners : Mr.M.Maharaja For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.79 of 2021 registered on the file of the first respondent.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the case has been closed as "mistake of fact". The petitioner's counsel states that the matter has been compromised with the defacto complainant. The first respondent is directed to file the final report before the jurisdictional Magistrate at the earliest and the jurisdictional Magistrate is also directed to accept the same. 3.This criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19041 of 2021 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.

To:

1.The Judicial Magistrate No IV, Tirunelveli 2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD)No.19041 of 2021 02.12.2021 NSN(CO) KB(13.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2