Madras High CourtCRL OP(MD)/16297/2021allowed

R.Ponnaiah v. The Inspector Of Police

2022-01-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL.O.P.(MD)NO.16297 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16297 of 2021

1. R.Ponnaiah

2. C.Maharajan

3. S.Karthick @ Ajay Karthick ... Petitioners Vs.

1. The Inspector of Police, Thirunagar police station, Thirunagar, Madurai District.

(Crime No.366 of 2018) ... 1st Respondent / Complainant

2. M.Rajendran ... 2nd Respondent / Defacto Complainant

3. Thirumurugan ... 3rd Respondent / Injured Victim Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.118 of 2019 on the file of the Judicial Magistrate No.VI, Madurai and quash the same. For Petitioners : Mr.P.Pethu Rajesh For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 &R-3 : Mr.G.Balaji

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the impugned proceedings.

3. The defacto complainant Mr.Rajendran as well as the victim Mr.Thirumurugan are present before this Court through video conferencing. They have been duly identified by the police personnel attached to the first respondent police station and the same has been duly confirmed by Mr.A.Albert James, learned Government Advocate. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD)NO.16297 OF 2021 impugned prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed. The joint compromise memo dated 21.04.2021 shall form part of the record. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 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:

(ENCL : Copy of Joint Compromise Memo)

1. The Judicial Magistrate No.VI, Madurai.

2. The Inspector of Police, Thirunagar police station, Thirunagar, Madurai District.

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

+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-53[F] dated 03/01/2022 ) Crl.O.P.(MD)No.16297 of 2021 03.01.2022 VR(CO) SB(11.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2