Madras High CourtCRL OP(MD)/7534/2021allowed

Sivarajan v. The Sub Inspector Of Police

2021-11-29Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.7534 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7534 of 2021

1. Sivarajan

2. Sridhar

3. Selvakumar@Selvakumaran

4. Vignesh @ Vigneshwaran ... Petitioners / Accused Nos.1 to 4 Vs.

1. State rep. By, The Sub Inspector of Police, Virudhunagar Rural police station, Virudhunagar District.

(Crime No.140 of 2019) ... 1st Respondent / Complainant

2. Paramasivam ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to record the compromise reached between the petitioners/ accused and the defacto complainant / second respondent herein and call for the records in C.C.No.91 of 2020 on the file of the Judicial Magistrate Court No.II, Virudhunagar, Virudhunagar District and quash the same as illegal.

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

For R-2 : Mr.K.Ramamoorthy

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.91 of 2020 on the file of the Judicial Magistrate No.II, Virudhunagar District.

3. The defacto complainant Paramasivam is present in person before me. He has been duly identified by Mr.J.Chairmakani, HC-2432, attached to Virudhunagar Rural police station. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.7534 OF 2021 prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (AD-II) // 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 Judicial Magistrate NO.II,Viruthunagar District

2. The Sub Inspector of Police, Virudhunagar Rural police station, Virudhunagar District.

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

+1 CC to M/s.G.M. LAW OFFICE, Advocate ( SR-36597[F] dated 30/11/2021 ) Crl.O.P.(MD)No.7534 of 2021 29.11.2021 SRK(CO) KB(13.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2