Madras High CourtCRL OP(MD)/11770/2020allowed

Muneeswaran v. The Inspector Of Police

2020-10-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.11770 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11770 of 2020 Muneeswaran ... Petitioner/Sole Accused Vs.

1.The State represented by The Inspector of Police, Sellur Police Station, Madurai City.

(Crime No.311of 2020) ...1st Respondent/Complainant 2.Latha ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to Crime No.311 of 2020 dated 20.02.2020 on the file of the Inspector of Police, Sellur Police Station, Madurai City and quash the same. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.M.V.Chandrasekaran Government Advocate (Crl. Side) for R1 Mr.A.Balaji for R2

ORDER

Heard the learned counsel on either side.

2.The defacto complainant is the second respondent. The petitioner is figuring as sole accused in Crime No.311 of 2020 registered on the file of the first respondent for the offences under Sections 307 and 309 of I.P.C.

3.The defacto complainant/Latha appeared before this Court through web hearing. She has been duly identified by the first respondent police. She assured this Court that she has reunited with the petitioner herein and that they are now living happily. Therefore, I am of the view of that the continuance of the impugned prosecution is not necessary. She has no objection for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11770 of 2020 quashing the impugned First Information Report. The impugned First Information Report stands quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 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, Sellur Police Station, Madurai City.

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

Crl.O.P(MD)No.11770 of 2020 28.10.2020 BK(CO) KM (06.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2