Madras High CourtCRL OP(MD)/12031/2021allowed

Nagaiya v. The Inspector Of Police

2021-11-12Honourable Mr Justice G.R.Swaminathan2 pages

1 Crl.O.P.(MD)No.12031 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.12031 of 2021

1. Nagaiya

2. Ganesan

3. Ravi

4. Hari

5. Suthan

6. Pradeep

7. Sandru

8. Sastha

9. Thirumalai ... Petitioners/Accused Vs.

1. State of Tamil Nadu, Rep. By the Inspector of Police, Kenikarai police station, Ramanathapuram District.

(Crime No.435 of 2019) ... Respondent/ Complainant

2. Raja ... Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.435 of 2019 dated 04.08.2020 on the file of the respondent police station and quash the same as illegal. For Petitioners : Mr.G.V.Vairam Santhosh For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : Mr.G.Manikandan

O R D E R

This criminal original petition has been filed for quashing the First Information Report in Crime No.435 of 2019 registered on the file of Kenikarai police station for the offence under Sections 147, 294(b), 324 and 506(2) of I.P.C.

2. From a reading of the First Information Report, it is seen that the defacto complainant Raja, his brother and his son came under attack from the petitioners herein. They had also suffered head injuries. However, the village elders prevailed upon the defacto complainant to give a quietus to the issue. https://hcservices.ecourts.gov.in/hcservices/

2 Crl.O.P.(MD)No.12031 of 2020

3. The defacto complainant Thiru.Raja is present before this Court. He has been duly identified by Mr.M.Murugan, HC-328, attached to Kenikkarai police station. The defacto complainant Raja stated that this Court may take an undertaking from the petitioners and quash the matter. Thereupon, each of the petitioners fairly admitted that the occurrence had in fact taken place. They also stated that they regret the occurrence. They have given a further undertaking that they would not come in the way of Raja and his family members in future.

4. Recording the said undertaking, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Kenikarai police station, Ramanathapuram District.

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

Crl.O.P.(MD)No.12031 of 2021 12.11.2021 RD/PM(23.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/