Madras High CourtCRL OP(MD)/13599/2021allowed

Kesavan v. The Inspector Of Police

2021-11-18Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.13599 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.13599 of 2021 1.Kesavan 2.Gothandapani ... Petitioners/Accused Nos.1 & 2 Vs.

1.The State Rep by The Inspector of Police, Ayakudi Police Station, Dindigul District.

(Crime No.34 of 2020) ... 1st Respondent/Complainant 2.Somasundaram ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.34 of 2020 on the file of the Inspector of Police, Ayakudi Police Station, Dindigul District and quash the same as against the petitioners concerned. For Petitioners : Mr.V.Karuna For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.G.Manikandan for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned FIR in Crime No.34 of 2020 registered on the file of the first respondent for the offences under Sections 294(b), 324 and 506(ii) of IPC.

2.The defacto complainant/Somasundaram is present before this Court along with his wife. He has been duly identified by Mr.R.Manikandan, HC 1788 attached to the first respondent police station. The defacto complainant states that he has already compromised the matter and the parties have also filed a joint memo of compromise dated 09.11.2021.

The defacto complainant categorically states before this Court that he does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13599 of 2021 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, Ayakudi Police Station, Dindigul District.

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

+1 CC to M/s.V.KARUNA, Advocate ( SR-35234[F] dated 19/11/2021 ) Crl.O.P(MD)No.13599 of 2021 18.11.2021 RS (30.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2