Madras High CourtCRL OP(MD)/12178/2021allowed

Boopathy v. The Inspector Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.12178 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.12178 of 2021 Boopathy ... Petitioner/ 1st Accused Vs.

1.The State rep by The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

(Crime No.135 of 2012) ... 1st Respondent/ Complainant 2.Selvakumar ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records in Crime No.135 of 2012 on the file of the 1st respondent police and quash the same against the petitioner.

For Petitioner : Mr.P.Manikandan For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

Mr.M.Murugan for R2

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.135 of 2012 registered on the file of the first respondent.

2.The defacto complainant is one Selvakumar. He is present before this Court in person. He was duly identified by the petitioner's counsel namely, Mr.P.Manikandan (Enrollment No.851 of 2016). The defacto complainant does not want to pursue the complaint. When the parties have arrived at amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.12178 of 2021 In the interest of justice, the impugned FIR is quashed and the criminal original petition is allowed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Sivagiri Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.12178 of 2021 10.11.2021 RD/NS (22.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2