Madras High CourtCRL OP(MD)/2466/2019dismissed as infructuous

Jayaraman v. The Inspector Of Police

2021-11-11Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.2466 of 2019 and Crl.MP(MD)No.1341 of 2019 Jayaraman ... Petitioner/Accused No.1 vs.

1.The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District. ... 1st Respondent/Complainant 2.Gowsalya ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1 of 2019 on the file of the 1st respondent and quash the same against the petitioner.

For petitioner : Mr.M.Veilkani Raju For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R2 : Mr.D.Venkatesh

O R D E R

This petition has been filed to quash the FIR in Crime No.1 of 2019 on the file of the 1st respondent.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that during the course of investigation, it was found that the case was closed as 'mistake of fact' and RCS notice was served upon the second respondent and the second respondent also appeared before the learned Judicial Magistrate, Ambasamudram stating that no further action is required on her complaint and no objection to close the case. Accepting the same, case was closed on 18.03.2021.

3. Since the case has been closed as 'mistake of fact', nothing survives for further consideration or direction in this petition. Hence, the petition become infructuous. https://hcservices.ecourts.gov.in/hcservices/ 1/2

4.Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed.

5.The learned counsel for the second respondent may get a copy from the office of the learned Additional Public Prosecutor. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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.

1. The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.OP(MD)No.2466 of 2019 and Crl.MP(MD)No.1341 of 2019 11.11.2021 RD/PM(24.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2