Madras High CourtCRL OP(MD)/12658/2021allowed

Manikandan v. The Sub Inspector Of Police

2021-11-29Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.12658 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.12658 of 2021 Manikandan ... Petitioner / Sole Accused Vs.

1. The Sub Inspector of Police, Tirunelveli Junction police station, Tirunelveli City, Tirunelveli District.

(Crime No.273 of 2021) ... 1st Respondent / Complainant

2. Deiva Kani

3. Bharathi Raja ... 2nd & 3rd Respondent / Defacto Complainant / Victim Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the case in Crime No.273 of 2021 on the file of the first respondent herein and quash the same.

For Petitioner : Mr.N.Pragalathan For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.K.Muthurakkan

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.273 of 2021 registered on the file of the first respondent police station.

3. The victims Deiva Kani and Bharathi Raja are present in person before me. They have been duly identified by Mr.A.Abdul Hameed, SSI, attached to the first respondent police station. The parties have filed a joint compromise memo. The victims state that they do not want to pursue the matter.

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4. Since the victims themselves do not want to pursue the 1/2

2 CRL.O.P.(MD)NO.12658 OF 2021 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 (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, Tirunelveli Junction police station, Tirunelveli City, Tirunelveli District.

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

+1 CC to M/s.N. PRAGALATHAN, Advocate (SR-36611[F] dated 30/11/2021) Crl.O.P.(MD)No.12658 of 2021 29.11.2021 MA(CO) SB(13.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2