Madras High CourtCRL OP(MD)/14490/2021allowed

Santhanamahalingam v. The Sub Inspector Of Police

2022-01-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.14490 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.14490 of 2021 1.Santhanamahalingam 2.Sundaramahalingam 3.Muthuraj 4.Karuppiah 5.R.Muniyandy 6.Ramesh Kumar ... Petitioners/ Accused Nos.1 to 6 Vs.

1.The State represented by The Sub Inspector of Police, Watrap Police Station, Virudhunagar District.

(Crime No.372 of 2018) ... 1st Respondent/Complainant 2.S.K.Sankar ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in the FIR in Crime No.372 of 2018 on the file of the first respondent and quash the same. For Petitioners : Mr.M.Jothibasu For Respondents : Mr.M.Sakthi Kumar Government Advocate (Criminal Side) for R.1 Mr.K.Rama Moorthy for R.2

ORDER

Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the first respondent and the learned counsel appearing for the defacto complainant.

2. This Criminal Original Petition has been filed to quash the FIR in Crime No.372 of 2018, on the file of the first respondent. The case on hand pertains to the affairs of Watrap Hindu Nadar Uravinmurai Sangam. The specific stand of the petitioners herein is that the general body of the society has passed a resolution for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14490 of 2021 closing the complaint itself.

3. Copy of the resolution has also been placed before this Court. The first respondent police also confirms that the issue has been amicably resolved between the contesting parties. In these circumstances, it is not necessary to continue the prosecution. The defacto complainant has been duly identified by Subburaj, SSI, attached to the Watrab Police Station. The impugned FIR stands quashed. This Criminal Original Petition is allowed. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Watrap Police Station, Virudhunagar District.

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

+1 CC to M/s.G.M.LAW OFFICE,(Jothi Basu) Advocate ( SR-1105[F] dated 11/01/2022 ) Crl.O.P.(MD)No.14490 of 2021 10.01.2022 SP(CO) KB(01.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2