Madras High CourtCRL OP(MD)/12520/2021allowed

Guru Kaleeswaran v. The Inspector Of Police

2021-11-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.12520 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.12520 of 2021

1. Guru Kaleeswaran

2. Abimanyu

3. Jayaganthi Karuppaiya ... Petitioners/Accused Nos.1 to 3 Vs.

1. State rep. By, The Inspector of Police, District Crime Branch, Ramanathapuram District.

(Crime No.1 of 2021) ... 1st Respondent /Complainant

2. Senthivel ... 2nd 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.1 of 2021 on the file of the first respondent police and quash the same as against the petitioners herein.

For Petitioner : Mr.V.B.Sundhareshwar For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Ms.R.Malathi * * *

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.1 of 2021 registered on the file of the first respondent for the offences under Sections 406 and 420 of I.P.C.

3. The defacto complainant Senthivel is present in person before this Court. He has been duly identified by Mr.T.Krishnan, HC714, attached to the District Crime Branch, Ramanthapuram District. The defacto complainant states that the amount given by him to the petitioners has been returned and that he has no further grievance https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12520 of 2021 against the petitioners herein. He has no objection for quashing the impugned First Information Report. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned First Information Report alive.

4. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Sd/- Assistant Registrar(CO) // 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, District Crime Branch, Ramanathapuram District.

Copy to

1. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

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

+2 CC to M/s.V.B. SUNDHARESHWAR, Advocate ( SR-35055[F] dated 18/11/2021 ) Crl.O.P.(MD)No.12520 of 2021 16.11.2021 srk(CO) TR(30.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2