Madras High CourtCRL OP(MD)/18303/2021allowed

Kannan v. The Inspector Of Police

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.18303 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18303 of 2021

1. Kannan

2. Karuppayee

3. Mangai

4. Jeya @ Jeyarani

5. Parasuraman

6. Sankar ... Petitioners /Accused Nos.1 to 6 Vs.

1. The State rep. By its Inspector of Police, Othakadai police station, Madurai District.

(Crime No.586 of 2017) ... 1st Respondent/Complainant 2.Santha ... 2nd Respondent /Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned charge sheet in C.C.No.44 of 2019 on the file of the learned Judicial Magistrate, Melur and to quash the same. For Petitioners : Mr.P.Suresh Kumar For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.M.S.Jeyakarthik

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.44 of 2019 on the file of the learned Judicial Magistrate, Melur.

3. The defacto complainant Santha is present in person before me. She has been duly identified by Mr.S.Singaraj, SI, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that she does not want to pursue the matter.

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2 CRL.O.P.(MD)NO.18303 OF 2021

4. The learned Government Advocate pointed out that some of the petitioners are having previous cases. Be that as it may, when the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed. The joint compromise memo shall form part of the order.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Encl:-Photocopy of Joint Compromise Memo Attached. 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 Judicial Magistrate, Melur.

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

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-39909[F] dated 22/12/2021 ) Crl.O.P.(MD)No.18303 of 2021 21.12.2021 MGJ(10.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2