Madras High CourtCRL OP(MD)/19145/2021allowed

Tamilselvi v. The Inspector Of Police

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

Crl.O.P.(MD)No.19145 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.19145 of 2021

1. Tamilselvi

2. Surya Prabha

3. V.Suganya ... Petitioners / Accused 1 to 3 Vs.

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

(Crime No.371 of 2015) ... 1st Respondent / Complainant

2. Saravanan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to FIR in Crime No.371 of 2015 under Sections 406, 420, 294(b) and 506(i) of I.P.C. which was registered on 04.09.2015 on the file of the first respondent, Inspector of Police, Checkanurani, Madurai District and quash the entire proceedings against the petitioners.

For Petitioners : Mr.K.Muthu Ganesa Pandian For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Ms.M.Muthu Kavitha * * *

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.371 of 2015 registered on the file of the first respondent.

3. The defacto complainant Saravanan is present in person before me. He has been duly identified by Thiru.J.Baskara Sethu, SI, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that the petitioners have returned the money due to him. Hence, he does not want to pursue the matter.

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Crl.O.P.(MD)No.19145 of 2021

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (RECORDS) // 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, Checkanurani police station, Madurai District.

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

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