Madras High CourtCRL OP(MD)/15650/2021allowed

Radha Mohan v. The Inspector Of Police

2021-11-09Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.15650 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.15650 of 2021 and CRL.M.P.(MD)No.8417 of 2021

1. Radha Mohan

2. Komban

3. Kannan @ Kasini Vendhan ... Petitioners / Accused Nos.1 to 3 Vs.

1. The State rep. By its, The Inspector of Police, Srivaikundam police station, Thoothukudi District.

(Crime No.178 of 2021) ... 1st Respondent / Complainant

2. Kannaiya @ Kannaiyan ... 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 First Information Report in Crime No.178 of 2021 on the file of the first respondent police and to quash the same. For Petitioner : Mr.M.S.Jeyakarthik For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : Mr.P.Suresh Kumar

O R D E R

This criminal original petition has been filed for quashing the impugned First Information Report in Crime No.178 of 2021 registered on the file of Srivaikundam police station, for the offences under Sections 406, 420 and 506(ii) of I.P.C.

2. The defacto complainant Kannaiya @ Kannaiyan is present before this Court. He is identified by Mr.S.Ganesan, Grade I - 1512, attached to Srivaikundam police station. The defacto complainant does not want to pursue the prosecution. All the accused are also present before this Court. They have entered into compromise. A Joint compromise memo has also been filed.

3. When the defacto complainant himself wants to give a quietus to the issue, no purpose will be served in keeping the impugned First Information Report alive. Therefore, the impugned First https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.15650 OF 2021 Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // 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, Srivaikundam police station, Thoothukudi District.

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

+1 CC to M/s.M.S. JEYAKARTHIK, Advocate ( SR-33855[F] dated 09/11/2021 ) Crl.O.P.(MD)No.15650 of 2021 09.11.2021 TSK(CO) KB(23.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2