Madras High CourtCRL OP(MD)/11180/2021allowed

Deepan @ Deepanraj v. The Deputy Superintendent Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.11180 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11180 of 2021 and Crl.M.P.(MD)No.5711 of 2021 1.Deepan @ Deepanraj 2.Mukesh @ Mukesh Kumar ... Petitioner/Accused No.3 and 6 Vs.

1.State rep by The Deputy Superintendent of Police, Vadipatti Police Station, Madurai.

... 1st Respondent/Investigating Officer 2.The Sub Inspector of Police, Alanganallur Police Station, Madurai District.

(In Crime No.293 of 2021) ... 2nd Respondent/Complainant 3.Muthaiah ... 3rd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the First Information Report in Crime No.293 of 2021 dated 18.10.2021 on the file of the 2nd respondent police and quash the same against the petitioners.

For Petitioners : Mr.M.Jagadeesh Pandian For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1 & R2.

Mr.B.Viswanathan for R3.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.293 of 2021 registered on the file of the first respondent.

2.The defacto complainant/Muthaiah is present before this Court in person. He has been duly identified by Mr.M.Ganesan, Sub Inspector of Police attached to first respondent police station. The defacto complainant states that he has not received any compensation from the Government. Therefore the question of refund does not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11180 of 2021 arise. The defacto complainant categorically states before this Court that he does not want to pursue the complaint. The parties have also filed a memo of joint compromise dated 14.07.2021. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 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 Deputy Superintendent of Police, Vadipatti Police Station, Madurai.

2.The Sub Inspector of Police, Alanganallur Police Station, Madurai District.

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

Crl.O.P(MD)No.11180 of 2021 07.12.2021 MGJ(22.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2