Madras High CourtCRL OP(MD)/7898/2021allowed

M. Sankar v. The Inspector Of Police

2021-06-17Honourable Mr Justice G.Ilangovan2 pages

Crl.OP.(MD)No.7898 of 2021 & BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.OP.(MD)No.7898 of 2021 & Crl.MP(MD)Nos.4045 & 4047 of 2021 1.M.Sankar 2.R.Kaliraj 3.A.Sivan @ Sivanperumal 4.S.Maharajan ... Petitioners/Accused 1 to 4 Vs.

1.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.166 of 2016). ...1st Respondent/Complainant 2.Krishnaveni ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in CC.No.111 of 2020 on the file of the learned District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District and quash the same.

For Petitioners : Mr.Sathya Chithambaram For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking quashment of CC.No.111 of 2020 on the file of the learned District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

2. This petition is filed mainly on the ground that as per the compromise reached between the parties, Crl.OP(MD)No.13917 of 2019 was filed by this petitioner seeking quashment of the First Information Report registered in Crime No.166 of 2016 by the first respondent Police. The above said petition was allowed on 30.09.2019 by this Court and at that time, there was a direction to the petitioner to pay a sum of Rs.10,000/- as costs to the credit of Chief Justice Relief Fund within a week from that date. In pursuance of which, the cost was also paid by the petitioner on 22.11.2019. However, it appears that the same is not communicated either to the first respondent herein or to the concerned Court. So, because of that, the final report came to be filed by the first respondent before the learned District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District and it was also taken on file in CC.No.111 of 2020. It appears that, there is a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP.(MD)No.7898 of 2021 & communication gap over the transfer of orders. Since, the matter has been compromised between the parties, nothing survives for further trial. Hence, on that ground, this petition is liable to be allowed and CC.No.111 of 2020 on the file of the learned District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District is quashed as against these petitioners.

3. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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 District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.7898 of 2021 17.06.2021 CN (29.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2