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Madras High CourtCRL OP(MD)/13912/2020allowed

A.Mohan v. The Inspector Of Police

2020-12-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13912 of 2020 A.Mohan ... Petitioner/Accused 2 vs.

1.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

(Crime No.439 of 2019)

...Respondent/Complainant

2.T.Mayilraj

...Respondent/Defacto Complainant

3.Ramesh Thangam ... Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned FIR in Crime No.439 of 2019 on the file of Respondent Police in respect of the petitioner/Accused No.2 and quash the same. For Petitioner :

Mr.A.Joseph Jerry For R1 :

Mr.M.V.Chandrasekaran Government Advocate (Crl.Side) For R2 & R3 :

Mr.K.Prabhu

O R D E R

This Criminal Original Petition has been filed to call for records relating to the FIR in Crime No.439 of 2019 on the file of 1st respondent police and quash the same.

2.The second respondent / defacto complainant, as well as the petitioner/accused No.2 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 second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the FIR in Crime No.439 of 2019 on the file of 1st 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 (03.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Government Advocate who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the FIR in Crime No.439 of 2019 on the file of 1st respondent police, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) Vrn 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.

Encl: Photocopy of the Joint Compromise memo. To 1)The Inspector of Police, Alangulam Police Station, Tirunelveli District.

(Crime No.439 of 2019) 2)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.JOSEPH JERRY, Advocate (SR-23950[F] dated 04/12/2020 ) ORDER MADE IN Crl.O.P.(MD)No.13912 of 2020 DATED : 03.12.2020 (ARK)CO AP(28/12/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2