Madras High CourtCRL OP(MD)/14275/2020allowed

Shanmugasundaram @ Somu v. The Inspector Of Police

2020-12-14Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14275 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14275 of 2020 Shanmugasundaram @ Somu ... Petitioner/Sole Accused Vs.

1.The State Rep.by the Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

(Crime No.6 of 2020) ... 1st Respondent/Complainant 2.G.Radhakrishnan ... 2nd Respondent/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the case in Crime No.6 of 2020 on the file of the first respondent herein and quash the same.

For Petitioner : Mr.N.Pragalathan For R1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R2 : Mr.K.Muthurakkan

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.6 of 2020 on the file of the first respondent 2.The second respondent / defacto complainant, as well as the petitioner/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the FIR in Crime No.6 of 2020 on the file of the first respondent police. 3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court today(14.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14275 of 2020 Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the FIR in Crime No.6 of 2020 on the file of the first respondent police, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl: Xerox Copy of the Memo of Compromise.

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, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-25519[F] dated 15/12/2020 ) Crl.O.P.(MD)No.14275 of 2020 14.12.2020 NA(CO) NR (30/12/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2