Madras High CourtCRL OP(MD)/9534/2021allowed

Rejikumar v. The Inspector Of Police

2022-01-31Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.9534 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.9534 of 2021 1.Rejikumar 2.Mary Sulojana 3.Selvamani 4.Ajila 5.Subin ... Petitioners/Accused Vs.

1.The State Rep by The Sub Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

... 1st Respondent/Complainant 2.Jahath Priya ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.3 of 2021 dated 13.01.2021 on the file of the 1st respondent police and quash the same against the petitioners.

For Petitioners : Mr.K.Gokul For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.M.Srinivasan for R2.

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.3 of 2011 registered on the file of the first respondent.

2.The defacto complainant/Jahath Priya is present before this Court in person through video conferencing. She has been duly identified by Ms.K.Baubynasuki, WHC 2839, attached to first respondent police station. It is a matrimonial complaint. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.9534 of 2021 pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed in toto. The criminal original petition is allowed. The benefit of this order will enure in favour of the non-petitioning accused also. The memo of joint compromise will form part of the order. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Encl: Photocopy of Compromise Memo attached.

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 Sub Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

Crl.O.P(MD)No.9534 of 2021 31.01.2022 MGJ(17.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2