Madras High CourtCRL OP(MD)/10640/2021allowed

Anish.M v. The Inspector Of Police

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

Crl.O.P.(MD)No.10640 of 2021 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.10640 of 2021

1. M.Anish

2. N.G.Sujin

3. V.Ajil Ram ... Petitioners / Accused Nos.1 to 3 Vs.

1.The Inspector of Police, Thukkalay police station, Kanyakumari District.

(Crime No.724 of 2013) ... Respondent / Complainant

2. A.Allies Prince ... Respondent /Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.724 of 2013 dated 02.10.2013 on the file of the first respondent police and quash the same as it has no prima facie case as against the petitioners. For Petitioner : Mr.H.Velavadhas For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.724 of 2013 registered on the file of Thukkalay police station, for the offence under Sections 294(b) and 506(ii) of I.P.C., and Section 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.

3. The defacto complainant Thiru.Allies Prince is present before this Court through video conferencing. He has been duly identified by Mr.S.Mohandhas, SSI-911, attached to Thukkalay police station. The defacto complainant informs the Court that he does not want to pursue the complaint as the petitioners are his friends. Since the defacto complainant himself does not want to pursue the complaint, no purpose will be served in keeping the impugned First Information Report alive.

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Crl.O.P.(MD)No.10640 of 2021

4. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS-I) // 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.

Encl: Xerox Copy of Compromise Memo To:

1.The Inspector of Police, Thukkalay police station, Kanyakumari District.

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

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