Madras High CourtCRL OP(MD)/14468/2021allowed

Prasanth v. The Inspector Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.14468 of 2021 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.14468 of 2021 and CRL.M.P.(MD)No.7613 of 2021

1. Prasanth

2. Chelladurai @ Chellapandian

3. Jeyaram @ Jeyaraman ... Petitioners / Accused Nos.1 to 3 Vs.

1. State through, The Inspector of Police, Thenkarai police station, Theni District.

(Crime No.119 of 2021) ... 1st Respondent / Complainant

2. Gobisubburaj ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned First Information Report in Crime No.119 of 2021 dated 10.03.2021 on the file of the first respondent police and to quash the same as illegal.

For Petitioners : Mr.S.Vikram For R-1 : Mr.A.Albert James, Government Advocate.

For R-2 : Mr.G.Kalidoss * * *

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.119 of 2021 registered on the file of the first respondent.

3. The defacto complainant Gobisubburaj is present in person before me. He has been duly identified by Mr.C.Rajendran, SSI, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that he does not want to pursue the matter.

4. Since the defacto complainant himself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. Therefore, the impugned First Information Report https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14468 of 2021 and is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Enclosed herewith Copy of the 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, Thenkarai police station, Theni District.

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

Crl.O.P.(MD)No.14468 of 2021 16.12.2021 RD(6.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2