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Madras High CourtCRL OP(MD)/13634/2020allowed

Gnanasekar @ Gnanasekaran v. The Deputy Superintendent Of Police

2020-12-07Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.Gnanasekar @ Gnanasekaran 2.Sivakumar 3.Nagaraj 4.Subramanian @ Subramani 5.Chellamuthu @ Sellamuthu 6.Bhuvaneshwaran 7.Sangaranarayanan 8.Manikandan 9.Vignesh 10.Vikki @ Vignesh 11.Karthik 12.Sarathi 13.Mathavan 14.Kannaki ... Petitioners/Accused Nos.1 to 14 vs.

1.State represented by its The Deputy Superintendent of Police, Jeeyapuram, 2.The Inspector of Police, Vathalai Police Station, Vathalai, (Crime No.461 of 2020)

...Respondents Nos.1 & 2/

Complainant 3.Eabu @ Danial ... Respondent No.3/Defacto Complainant 4.Sugumar ... Respondent No.4/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.461 of 2020 on the file of the second respondent and quash the same as illegal.

For Petitioner : Mr.K.Arunraj For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor For R3 & R4 : Mr.T.Prabhu 1/3

O R D E R

This Criminal Original Petition has been filed to call for records relating to the FIR in Crime No.461 of 2020 on the file of second respondent police and quash the same.

2.The third respondent / defacto complainant, as well as the petitioners/accused Nos.1 to 14 are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the third respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the FIR in Crime No.461 of 2020 on the file of second respondent police. 3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court today (07.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the FIR in Crime No.461 of 2020 on the file of second respondent police, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) 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)State represented by its The Deputy Superintendent of Police, Jeeyapuram, 2/3

2)The Inspector of Police, Vathalai Police Station, Vathalai, 3)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-24743[F] dated 09/12/2020 ) 07.12.2020 MJ(CO) KB(29.12.2020) 3P 5C 3/3