Madras High CourtCRL OP(MD)/11425/2021allowed

Prabu v. The Inspector Of Police

2021-11-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.11425 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11425 of 2021 1.Prabu@Prabhu 2.Annathai 3.Sumathi 4.Arundevi ... Petitioners/Accused No.1-4 Vs 1.The State rep. by The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

Cr.No.953 of 2020.

... Respondent/Complainant 2.Prema ... 2nd Respondent/Defacto Complainant PRAYER:Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to Crime No. 953 of 2020, on the file first respondent police and quash the same as illegal. For Petitioners : Mr.G.Vishnuram For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor For R2 : Mr.R.Shenbagaraj

ORDER

Heard the learned counsel on either side.

2.This Criminal Original Petition has been filed for quashing the FIR in Crime No.953 of 2020, registered on the file of Inspector of Police, Thirumangalam Town Police Station, Maduri District.

3.The defacto complainant is one Mrs. Prema. She is present before this Court in person. She has been duly identified by her counsel Mr.R.Shenbagaraj (Enrolment No.1226/2017). Mrs. Prema has categorically stated that out of misunderstanding, she gave a complaint against her husband and her in-laws. Since she has rejoined and is living under a single roof and both the parties have resolved their differences, it would be most inequitable to keep the prosecution alive.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11425 of 2021 4.The impugned FIR is quashed. This Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) PNM 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, Thirumangalam Town Police Station, Madurai District.

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

Crl.O.P(MD)No.11425 of 2021 08.11.2021 SJ(CO) RS/PM (18.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2