Madras High CourtCRL OP(MD)/18734/2021allowed

Muthukumar v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18734 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18734 of 2021 1.Muthukumar 2.Barath @ Baratwaj ... Petitioners Vs.

1.State rep. by The Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District.

(In Crime No.2 of 2021) 2.Dhanalakshmi ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to Crime No.2 of 2021 dated 18.03.2021 on the file of the 1st respondent police and to and quash the same insofar as the petitioners are concerned. For Petitioners : Mr.S.Sathyachidambaram For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.N.Saravanan for R2

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime 2 of 2021 registered on the file of All Women Police Station, Nanguneri.

2.The defacto complainant and the victim are present in person before this Court. They have been duly identified by Mr.G.Krishnammal, Wgr-I 4050, attached to first respondent police station. The defacto complainant is none other than wife of the first accused. I had interrogation with the victim girl also. She stated that their parents are separated and that she is very much staying with her father. The defacto complainant does not want to proceed with the matter. The victim girl also makes it clear that due to dispute between her parents, the complaint in question was given. The parties have filed a memo of joint compromise dated 08.12.2021. Since the victim girl as well as the defacto complainant do not want to pursue the matter, no purpose will be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18734 of 2021 served in keeping the impugned prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed. Sd/- Assistant Registrar (AE) // 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, All Women Police Station, Nanguneri, Tirunelveli District.

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

Crl.O.P(MD)No.18734 of 2021 09.12.2021 TSK(CO) GC(21.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2