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Madras High CourtCRL OP(MD)/9287/2021withdrawn dismissed

Velmurugan v. The Inspector Of Police

2021-11-26Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)No.9287 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.9287 of 2021 Velmurugan ... Petitioner/ Sole Accused Vs.

1.The State represented The Inspector of Police, Samayanallur Police Station, Madurai District.

(Crime No.65 of 2021) ... 1st Respondent/ Complainant 2.Velusamy ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in connection with Crime No.65 of 2021 pending on the file of the first respondent police and quash the same insofar as the petitioner is concerned. For Petitioner : Mr.S.Veerapandi Selvaraj for Mr.M.Maharaja For Respondents : Mr.M.Sakthi Kumar Government Advocate (Criminal Side) for R1 Ms.A.Banumathy for R2

ORDER

This Criminal Original Petition is dismissed as withdrawn.

2. A case arising under Section 306 IPC cannot be quashed based on compromise with the defacto complainant. The petitioner is given liberty to file fresh Original Petition and argue the case on merits. Since the defacto complainant herein today made it clear that he does not want to pursue the matter, he need not be again arrayed as a respondent.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl O.P.(MD)No.9287 of 2021 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, Samayanallur Police Station, Madurai District.

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

Crl O.P.(MD)No.9287 of 2021 26.11.2021 RD(04.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2