Madras High CourtCRL OP(MD)/17551/2021allowed

K.Sulthan Riyas v. The Sub Inspector Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.17551 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17551 of 2021 and CRL.M.P.(MD)No.9559 of 2021

1. K.Sulthan Riyas

2. C.V.Kishore @ Nantha Kishore

3. S.Vetri @ Vetrivel

4. A.Madhavan ... Petitioners / Accused 1 to 4 Vs.

1. The State rep. By, The Sub Inspector of Police, D-3 Koodalpudur police station, Koodalpudur, Madurai - 625 017. ... 1st Respondent / Complainant

2. T.Moorthi ... 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 FIR filed against petitioners / accused Nos.1 to 4 in Crime No.1188 of 2019 pending on the file of the first respondent police and quash the same against these petitioners.

For Petitioner : Ms.Gandhiammal For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : Mr.T.Moorthi, Party-in-Person.

* * *

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.1188 of 2019 registered on the file of D-3 Koodalpudur police station.

3. The defacto complainant T.Moorthi is present in person before me. He has been duly identified by Thiru.K.Gnanasekaran, SSI attached to the first respondent police station.

4. When the matter was taken up for hearing on the last occasion, the defacto complainant submitted that against him Crime No.1189 of 2021 has been filed and if the said case could be closed, https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.17551 OF 2021 he has no objection for quashing the impugned First Information Report. The defacto complainant in Crime No.1189 of 2019 is none other than the first petitioner Thiru.Sulthan Riyas. He is present in person before me. He states that in this criminal original petition itself, the First Information Report in Crime No.1189 of 2019 registered at his instance can also be quashed and he has also made an endorsement to that effect. Since both the parties have arrived at an amicable settlement, it would be in the interest of justice to quash both the First Information Reports.

5. Crime No.1188 of 2019 as well as Crime No.1189 of 2019 registered on the file of D3 Koodalpudur police station are quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // 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 Sub Inspector of Police, D-3 Koodalpudur police station, Koodalpudur, Madurai - 625 017.

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

+1 CC to M/s.K.GANDHIAMMAL, Advocate ( SR-37456[F] dated 06/12/2021 ) Crl.O.P.(MD)No.17551 of 2021 06.12.2021 RD(14.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2