Madras High CourtCRL OP(MD)/14423/2021allowed

Minor Subash @ Subash Chandra Bose v. The Inspector Of Police

2021-11-26Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.14423 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.14423 of 2021 1.xxxx 2.xxxx ... Petitioners/Accused Nos.1&2 Vs.

1.State represented by The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

(Crime No.631 of 2021). ...1st Respondent/Complainant 2.Babu ...2nd Respondent/ Defacto Complainant Prayer: This 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.631 of 2021 on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.V.Sasi Kumar For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.S.Sankar for R2.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in crime No.631 of 2021 registered on the file of the first respondent.

2.The petitioners are minor children. A petty quarrel has needlessly metamorphosed into a criminal case. It is a case in which, Section 95 of IPC can very well be pressed into service. The defacto complainant has been duly identified by Mr.A.Sudalai Mani, Sub Inspector of Police attached to first respondent police station. The defacto complainant informs the Court that he is also agreeable to quash the impugned FIR. The parties have also filed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.14423 of 2021 a memo of joint compromise dated 25.09.2021. 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 (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Enclose copy of Joint Compromise Memo.

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, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

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

+2 CC to M/s.V.SASI KUMAR, Advocate (SR-36331[F] dated 29/11/2021 ) Crl.O.P(MD)No.14423 of 2021 26.11.2021 RK(04/12/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2