Madras High CourtCRL OP(MD)/18997/2021allowed

Gurunathappa Raja v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18997 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18997 of 2021

1. Gurunathappa Raja

2. Sathya @ Subbu Lakshmi

3. Appadurai

4. Priya @ Valli Krishna Priya ... Petitioners/Accused Nos.1 to 4 Vs.

1. State through, The Inspector of Police, Tirunelveli Town police station, Tirunelveli.

(Crime No.76 of 2021) ... Respondent / Complainant

2. Divya Yadhav @ Divya Yadav ... Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records of the First Information Report in Crime No.76 of 2021 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.M.Maharaja For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Ms.S.Manoj Kumar * * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.76 of 2021 registered on the file of the first respondent.

3. The defacto complainant Divya Yadhav @ Divya Yadav is present in person before me. The parties have filed a joint compromise memo. The defacto complainant states that she does not want to pursue the matter.

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Crl.O.P.(MD)No.18997 of 2021

4. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Inspector of Police, Tirunelveli Town police station, Tirunelveli.

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

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