Madras High CourtCRL OP(MD)/19383/2021allowed

Kaliraj v. The Sub Inspector Of Police

2021-12-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19383 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19383 of 2021 1.Kaliraj 2.Sakthi Selvam 3.Ishwariyan 4.Krishna Kumar ... Petitioners Vs.

1.State rep by The Sub Inspector of Police, Maraneri Police Station, Virudhunagar District.

(In Crime No.122 of 2021) ... 1st Respondent/ Complainant 2.Palpandi ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in the case in Crime No.122 of 2021 on the file of the 1st respondent and quash the same. For Petitioners : Mr.M.Jothi Basu For Respondent : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1.

Mr.K.Ramamoorthy for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.122 of 2021 registered on the file of the first respondent.

2.The defacto complainant/Palpandi is present before this Court in person. He has been duly identified by Mr.Raj, Sub Inspector of Police attached to the first respondent police. The defacto complainant states that he has received a sum of Rs.1,50,000/- from the Government as compensation. He is directed to return the said amount to the department, which paid him. The department concerned is directed to accept the return of the amount of compensation received by Palpandi in connection with Crime No.122 of 2021. The defacto complainant seeks four weeks time to make the refund. His undertaking is recorded. The parties have filed a memo of joint memo compromise. The defacto complainant categorically states https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19383 of 2021 before this Court that he does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Enclosed herewith Copy of the Joint Compromise Memo 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 Sub Inspector of Police, Maraneri Police Station, Virudhunagar District.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-37865[F] dated 09/12/2021 ) Crl.O.P(MD)No.19383 of 2021 08.12.2021 RD(21.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2