Madras High CourtCRL OP(MD)/15707/2021allowed

V. Muthukumar v. The Inspector Of Police

2021-12-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.15707 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.15707 of 2021 1.V.Muthukumar 2.Esakkimuthu 3.Ukkirama Singam ... Petitioners/Accused Nos.1, 5 & 6 Vs 1.The State rep. by The Inspector of Police, Alangulam Police Station, Tenkasi District, Crime No.223/2021 ... 1st Respondent / Complainant 2.Arumugam ... 2nd Respondent / Defacto complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records on the file of the first respondent, Alangulam Police Station, Tenkasi District in Crime No.223 of 2021, dated 22.03.2021 and quash the same as against the petitioner.

For Petitioners : Mr.S.C.Herold Singh For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.) For R2 : Mr.K.A.Thirumalaippan

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.223 of 2021 registered on the file of the first respondent.

2. The defacto complainant Arumugam is present in person before this Court. He has been duly identified by K.Antony Paulraj, SSI (378) attached to Alangulam Police Station, Tenkasi District. The defacto complainant Arumugam was an in-patient in the hospital for two days. He is eking out his livelihood on daily wages. The first petitioner Muthukumar in my presence gave a sum of Rs.5,000/- as token of his attornment. Muthukumar also gives a written undertaking before this Court that he will conduct himself appropriately in future and he will refrain from indulging in any such acts. He promised to keep away from the defacto https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15707 of 2021 complainant. Though only three of the accused have filed this petition before me, the defacto complainant has no objection for quashing the FIR in toto. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Alangulam Police Station, Tenkasi District.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-38537[F] dated 14/12/2021 ) Crl.O.P(MD)No.15707 of 2021 10.12.2021 RK(27/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2